Immigration An International Handbook

Transcription

cover
20-01-2011
14:46
Pagina 1
Immigration
An International Handbook
A Ius Laboris Publication
Produced by the Immigration International Practice Group
Printed: January 2011
Ius Laboris
280 Boulevard du Souverain
B-1160 Brussels, Belgium
T +32 2 761 46 10
F +32 2 761 46 15
E [email protected]
Immigration
Nothing stated in this book should be treated as an authoritative statement of the
law on any particular aspect or in any specific case. Action should not be taken
on the basis of this book alone. For specific advice on any particular matter you should
consult the relevant country representative listed inside. The law is stated as at
January 2011.
®
Is a registered trademark of Ius Laboris scrl
cover
20-01-2011
14:46
Pagina 1
Immigration
Ius Laboris
T +32 2 761 46 10
F +32 2 761 46 15
E [email protected]
Immigration
January 2011.
®
Immigration
In today’s global marketplace, businesses increasingly operate on a regional or
international scale. Companies that coordinate their employees across multiple
jurisdictions must comply with the rules and regulations governing
employment, labour, pensions, and immigration law in each of those
jurisdictions. As a result, retaining legal experts with knowledge and
experience in both international and local Human Resources law is essential for
businesses of all sizes.
Ius Laboris is an alliance of leading Human Resources law practitioners.
We have more than 2,500 lawyers providing local expertise across the globe,
with member firms in over 40 countries and coverage in more than 100
jurisdictions. Human Resources challenges require local expertise within a
global framework. The complexities of national employment law demand it
and the Ius Laboris members provide it.
Each of our members must be a top-ranking Human Resources or Pensions law
firm in their respective locality to be invited to join Ius Laboris. We welcome
into our Alliance only firms that possess focused expertise in all disciplines of
labour, employment and pensions law. Our lawyers understand the issues and
challenges associated with managing a workforce, wherever it is located.
The Alliance focuses on specific areas of expertise within our six International
Practice Groups (IPGs). The IPGs bring together lawyers from across the
Alliance with expertise in key areas of Human Resources law; including
Individual Employment Rights, Discrimination, Restructuring and Labour
Relations, Pensions, Employee Benefits and Tax, and Immigration.
Contributors
In our experience, local expertise in these areas of law is crucial to developing
coherent Human Resources strategies that work within a global framework.
Our IPGs meet regularly and are well placed to coordinate regional and
worldwide requests, drawing on each individual lawyer’s wealth of experience.
Clients can access the work of our IPGs, which complement our extensive
portfolio of legal services.
The Immigration IPG brings together a dedicated group of leading immigration
practitioners from across the Alliance, creating a truly worldwide network to
handle clients’ international migration needs. Members of this practice group
advise clients on a range of global migration issues, whether strategising
for large transfers over several countries in a coordinated fashion, or handling
a single international secondment. Advice is given in a manner that allows
planning employee transfers seamlessly, filing appropriate short or long term
permits, ensuring dependents are also taken care of, tracking renewals,
handling nationality requirements, and advising on entry/exit requirements.
For any additional information, please visit our website (www.iuslaboris.com)
or feel free to contact us:
Ius Laboris
1160 Brussels
Belgium
T +32 2 761 46 10
F +32 2 761 46 15
E [email protected]
ARGENTINA
Norberto Cellerino
Funes de Rioja & Asociados
Av. Madero 942
C1106ACW Buenos Aires
Argentina
T +54 11 4348 4100
F +54 11 4348 4155
E [email protected]
www.funes.com.ar
AUSTRIA
Birgit Vogt-Majarek
Kunz Schima Wallentin
Porzellangasse 4
1090 Vienna
Austria
T +43 1 313 74 0
F +43 1 313 74 80
E [email protected]
www.ksw.at
BELGIUM
Sophie Maes
Claeys & Engels
1160 Brussels
Belgium
T +32 2 761 46 08
F +32 2 761 46 70
E [email protected]
www.claeysengels.be
BRAZIL
Maria Luisa Soter
Veirano Advogados
Av. Presidente Wilson, 231
21stº floor
Rio de Janeiro - RJ 20030-021
Brazil
T +55 21 3824-4747
+55 21 3824 4600
F +55 21 2262-4247
E [email protected]
www.veirano.com.br
CANADA
Helen Park
HeenanBlaikie
Suite 2200,
1055 West Hastings Street
Vancouver, B.C.
V6E 2E9
Canada
T +1 604 891 1168
F +1 866 230 3476
E [email protected]
www.heenan.ca
CHILE
Marcela Salazar
Philippi, Yrarrazaval, Pulido &
Brunner
Avenue El Golf 40, piso 20
Las Condes CP 755-0107
Santiago
Chile
T +56 2 364 3728
F +56 2 364 3746
E [email protected]
www.philippi.cl
<
COLOMBIA
Connie Nunez
Brigard & Urrutia
Calle 70 A # 4- 41
Bogotá
Colombia
T +1 571 744 2244
F +1 571 310 0609 / 310 0586
E [email protected]
www.bu.com.co
DENMARK
Nicole Offendal
Elsebeth Aaes-Joergensen
Norrbom Vinding
Locations & Partner
Amerikakaj
Dampfaergevej 26
2100 Copenhagen
Denmark
T +45 35 25 39 40
F +45 35 25 39 50
E [email protected]
[email protected]
www.norrbomvinding.com
CYPRUS
George Georgiou
Anna Praxitelous
The Law Offices of George Z.
Georgiou
1st Floor, 1 Eras Street
1060 Nicosia
Cyprus
T +357 22 76 33 40
F +357 22 76 33 43
E [email protected]
[email protected]
www.gzg.com.cy
DOMINICAN REPUBLIC
Norman G. De Castro
Isabel Andrickson
Pellerano & Herrera
Avenue John F Kennedy No 10
Santo Domingo
Dominican Republic
T +1 809 541 5200
F +1 809 567 0773
E [email protected]
[email protected]
www.phlaw.com
ESTONIA
Sven Papp
Kadri Michelson
Raidla Lejins & Norcous
Roosikrantsi 2
EE-10119 Tallinn
Estonia
T +372 640 7170
F +372 640 7171
E [email protected]
[email protected]
www.rln.ee
FINLAND
Seppo Havia
Johanna Jacobsson
Dittmar & Indrenius
Pohjoisesplanadi 25 A
00100 Helsinki
Finland
T +358 9 681 700
F +358 9 652 406
E [email protected]
[email protected]
www.dittmar.fi
GREECE
Alexia Stratou
Christianna Lyveri
Kremalis Law Firm
35 Kyrillou Loukareos
114 75 Athens
Greece
T +30 210 64 31 387
F +30 210 64 60 313
E [email protected]
[email protected]
www.kremalis.gr
FRANCE
Anne-Laure Périès
Capstan
Stratégie Concept – Bât 4
1300, avenue Albert Einstein
34000 Montpellier
France
T +33 4 67 15 90 90
F +33 4 67 15 90 91
E [email protected]
www.capstan.fr
INDIA
Manishi Pathak
Kochhar & Co
11th Floor, Tower A, DLF Towers
Jasola
Jasola District Center
New Delhi – 110025
India
T +91 11 4111 5222 / 4056 3812
F +91 11 4056 3813
E [email protected]
www.kochhar.com
GERMANY
Stefan Fischer
Kliemt & Vollstädt
Ulmenstrasse 37-39
60325 Frankfurt
Germany
T +49 69 710 410 0
F +49 69 710 410 200
E [email protected]
www.kliemt.de
IRELAND
Jennifer O'Neill
LK Shields Solicitors
39/40 Upper Mount Street
Dublin 2
Ireland
T +353 1 661 0866
F +353 1 661 0883
E [email protected]
www.lkshields.ie
LATVIA
Kristine Patmalniece
Kr. Valdemara iela 20
Riga, LV-1010
Latvia
T +371 6724-0689
F +371 6782-1524
E [email protected]
www.rln.lv
LITHUANIA
Zilvinas Kvietkus
Lvovo 25
09320 Vilnius
Lithuania
T +370 5250 0800
F +370 5250 0802
E [email protected]
www.rln.lt
LUXEMBOURG
Nadège Arcanger
Castegnaro Cabinet d’Avocats
33, Allée Scheffer
2520 Luxembourg
T +352 26 86 82 1
F +352 26 86 82 82
E [email protected]
www.castegnaro.lu
MEXICO
Monica Schiaffino
Basham, Ringe y Correa SC
Paseo de los Tamarindos No. 400
A, Floor 9
Bosques de las Lomas 05120
Mexico
T +52 55 52 61 0400
F +52 55 52 61 0496
E [email protected]
www.basham.com.mx
<
ITALY
Valeria Morosini
Lea Rossi
Toffoletto e Soci
Via Rovello, 12
20121 Milan
Italy
T +39 02 721 44 1
F +39 02 721 44 500
E [email protected]
[email protected]
www.toffoletto.it
NETHERLANDS
Catherine Krepel
Bronsgeest Deur Advocaten
De Lairessestraat 137-143
1075 HJ Amsterdam
Netherlands
T +31 20 305 33 33
F +31 20 305 33 30
E [email protected]
www.bd-advocaten.nl
NORWAY
Anne-Silje Grytten
Advokatfirmaet Hjort DA
Akersgaten 51
P.O.Box 471 Sentrum
0105 Oslo
Norway
T + 47 22 47 18 00
F + 47 22 47 18 18
E [email protected]
www.hjort.no
PANAMA
Reneé Chantall Santos
Arosemena Noriega & Contreras
Elvira Mendez Street No. 10
Interseco Building, 2nd floor
P.O. Box 0816-01560
Panama
T +507 366 8400
F +507 264 4569
E [email protected]
www.anorco.com
PERU
Lucianna Polar
Estudio Olaechea
Bernardo Monteagudo 201,
San Isidro, Lima 27
Peru
T +51 1 219 0400
F +51 1 219 4020 / 0422
E [email protected]
www.esola.com.pe
POLAND
Grzegorz Ruszczyk
Raczkowski i Wspólnicy sp.k.
ul. Ciasna 6
00-232 Warsaw
Poland
T +48 22 537 52 84
F +48 22 531 52 81
E [email protected]
www.raczkowski.eu
PUERTO RICO
Radames A Torruella
McConnel Valdés LLC
270 Munoz Rivera Avenue
Hato Rey
Puerto Rico 00918
Puerto Rico
T +1 787 759 9292
F +1 787 759 9225
E [email protected]
www-mcconnellvaldes.com
PORTUGAL
Bruno Barbosa
Pinto, Bessa Monteiro, Reis, Branco
& Associados, RL (pbbr)
Av. da liberdade, nº 110 - 6º
1250-146 Lisbon
Portugal
T +351 21 326 47 47
F +351 21 352 47 57
E [email protected]
www.pbbr.pt
IPG1
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RUSSIA
Olga Pimanova
Law Firm ALRUD
2nd floor - 17 Skakovaya Street
125040 Moscow
Russia
T + 7 495 234 96 92
F + 7 495 956 37 18
E [email protected]
www.alrud.com
SWITZERLAND
Stephanie Buchheim
Lenz & Staehelin
Bleicherweg 58
8027 Zurich
Switzerland
T +41 58 450 8000
F +41 58 450 80 01
E [email protected]
www.lenzstaehelin.com
SPAIN
Ana Garicano
Sagardoy Abogados
C/Tutor 27
28008 Madrid
Spain
T +34 915 429 040
F +34 915 422 657
E [email protected]
www.sagardoy.com
TURKEY
Maria Celebi
Bener Law Office
Yapi Kredi Plaza, C blok, Kat. 4
34330 Levent
Istanbul
Turkey
T +90 212 270 70 50
F +90 212 270 68 65
E [email protected]
www.bener.av.tr
SWEDEN
Jenny Hellberg
Elmzell Advokatbyrå AB
Gamla Brogatan 32
111 20 Stockholm
Sweden
T +46 8 21 16 04
F +46 8 21 00 03
E [email protected]
www.elmzell.se
UNITED KINGDOM
George Koureas
Lewis Silkin LLP
5 Chancery Lane
Clifford's Inn
London EC4A 1BL
England
T +44 20 7074 8175
F +44 20 7864 1789
E [email protected]
www.lewissilkin.com
USA
Jorge R. Lopez
Littler Mendelson PC
One Biscayne Tower
2 South Biscayne Boulevard
Suite 1500
Miami, FL 33131-804
USA
T +1 305 400 7504
F +1 305 603 2552
E [email protected]
www.littler.com
VENEZUELA
Carolina Puppio
Araque Reyna Sosa Viso & Pittier
Centro Lido, Torre C, Piso 8 y 9
Av. Franscisco.de Miranda, El Rosal
Caracas
Venezuela
T +58 212 953 9244
F +58 212 953 7777
E [email protected]
www.araquereyna.com
EDITOR
Deborah Ishihara
Ishihara & Co Limited
writing - editing - proof reading
T +44 (0)20 8549 2772
E [email protected]
Contents
INTRODUCTION
15
ARGENTINA
17
AUSTRIA
29
BELGIUM
41
BRAZIL
55
CANADA
69
CHILE
81
COLOMBIA
89
CYPRUS
107
DENMARK
125
DOMINICAN REPUBLIC
139
ESTONIA
151
FINLAND
165
FRANCE
175
GERMANY
193
GREECE
205
INDIA
221
IRELAND
233
ITALY
251
LATVIA
263
LITHUANIA
275
INTRODUCTION
Introduction
LUXEMBOURG
291
MEXICO
315
NETHERLANDS
325
NORWAY
335
PANAMA
349
PERU
363
POLAND
371
PORTUGAL
385
RUSSIA
395
SPAIN
407
SWEDEN
433
SWITZERLAND
441
TURKEY
453
UNITED KINGDOM
465
USA (& PUERTO RICO)
475
VENEZUELA
487
As one of several Ius Laboris Immigration International Practice Groups, we
have compiled this practical guide to the business immigration requirements of
36 jurisdictions within Europe and the Americas.
Large, medium and small businesses across all jurisdictions rely on foreign
workers: professional and skilled, seasonal and permanent. From high-tech
and biotech, to the hospitality industries, the demand for skilled and
professional workers from other countries is ever increasing, given the
growing shortage of qualified domestic workers in many countries.
Additionally, the increase in foreign investment into many developing countries
is resulting in a growing need for experienced professionals in those countries.
Interestingly, with an eye to luring highly skilled third country migrants to the
EU, the European Commission has recently announced a scheme called the
‘blue card’, with an expedited work and residence permit integrating
enhanced socio-economic rights and benefits. This blue card programme grew
out of the realisation that the US immigration of skilled workers has greatly
fueled US economic growth. This had led regions such as the EU to compete
to persuade professionals and skilled workers to migrate to Europe instead of
the US or Canada. The worldwide trend is obvious.
The aim of this publication is to assist professionals in managing global
workforces, no matter where foreign workers are needed, and provide them
with a summary to assist in the overall planning of their international transfers.
For further information on the law in any given state, please contact the
relevant Ius Laboris member firm listed above or:
Maria Lianides Celebi (Bener Law Office, Turkey)
Isa Soter (Veirano Advogados, Brazil)
Co-Chairs of the Immigration International Practice Group.
15
1. INTRODUCTION
19
2. SOURCES OF LAW
20
3. VISITORS FOR BUSINESS PURPOSES
21
3.1 Visas
3.2 Permitted Activities
3.3 Procedures
3.4 Documents
21
21
21
21
4. WORKERS WHO MAY NOT NEED A WORK PERMIT
22
4.1 General
4.2 Procedures
4.3 Documents
22
22
22
5. WORK PERMITS
22
5.1 General
5.1.1 Procedures
5.1.2 Documents
22
22
22
5.2 Special Preference Categories
5.2.1 Procedures
5.2.2 Documents
25
26
26
6. LAWFUL STAY FOR DEPENDANTS
26
6.1 General
6.2 Procedures
6.3 Documents
26
26
26
Argentina
Immigration - An International Handbook - ARGENTINA
1. INTRODUCTION
Migration has had, and still has, a particular importance in Argentina because,
since the end of the 19th century, the country has had strong waves of
European migration, coming mainly from Spain and Italy. In the 21st century,
Argentina has experienced the phenomenon of globalisation and, the fact that
multinational organisations transfer expatriate workers from one country to
another. This generates immigration involving both multinational organisations
as employers and transferred employees, who change their place of residence
to start or continue an employment relationship.
The Preamble to the National Constitution of 1853 guarantees constitutional
rights for all individuals who wish to live in Argentina. Based on this, Argentina
has received a significant migration wave that still continues in the present
time, not only from Europe but also from the rest of the world, including a
high proportion of South American, Asian and African migrants.
At present, all immigration matters are ruled and controlled by the National
Migration Office, which has jurisdiction over the whole country.
The National Migration Office is a decentralised body that derives from the
Interior Ministry. Its goal is to enforce and regulate Argentinean immigration
policy. It is the enforcement institution, as provided for in Law 25.871, with
jurisdiction over the admission of foreign nationals and the departure of
citizens, whether local or foreign, from Argentina.
This body grants and cancels entry permits, gives authorisations to leave the
country, grants transitory, temporary or permanent residence authorisations,
residence extensions and makes changes of immigration categories.
Likewise, it controls the stay of foreign nationals in Argentina through migration
inspections made at its own discretion or at the request of the judicial or
national, provincial or municipal administrative authorities. It is the institution
in charge of controlling the entry and departure of individuals to and from
Argentina. For this purpose, it is entitled to specify the appropriate place and
time for the international transit of individuals at legally authorised border
crossings. At present, there are 224 authorised border crossings, operated by
the National Migration Office’s own staff or by the Border Guard or Coast
Guard in their role as an Auxiliary Force, at the National Migration Office’s
request.
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The National Migration Office has jurisdiction over the whole of Argentina and
has a number of offices, one of which deals with the ‘Patria Grande’ and the
‘CONARE’ programmes (Migration programmes to regularise migration
issues). There are 25 delegations and six migration offices in the provinces of
Argentina.
2. SOURCES
OF LAW
Below are the main sources of immigration law in Argentina:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Migration Act (Law 25871) and its regulatory Decree no 616/2010
General Recognition and Protection Act for Refugees (Law 26165)
Act for the Prevention and Punishment of the Slave Trade and Assistance
to Victims of the Slave Trade (Law 26364)
Citizenship for Children of Argentinean Children Born Abroad (Executive
Order 1601/2004)
Programme of Regularisation of Migration Documents (Mercosur Executive Orders 836/2004 - 578/2005 - Provision DNM 53253/05)
Programme of Regularisation of Migration Documents (ExtraMercosur
Executive Order 1169/2004)
Integral System of Migration Capture ‘S.I.Ca.M’ (Resolution 8/2005)
Regulations for the Authorisation of Entry and Departure of Minors
(Resolution 2895/1985)
National Registry of Legal Agents for Migrants (Provision DNM
32689/2004)
National Registry of Petitioners of Foreign Citizens (Provision DNM
54618/2008)
National Registry of Foreign Citizens’ Admission (Provision 15440/2005)
National Registry of Migration Capacity (Provision 15441/2005)
National Registry for the Entry and Departure of Individuals (Provision
15442/2005)
National Constitution, international treaties ratified by Argentina and
background legislation
Administrative Procedure Act (L.N.P.A.) (Law 19549)
L.N.P.A. Regulation and amending sections (ordered text) 1883/91
(Executive Order no. 1759/72)
Letter of Commitment with the Citizen (Executive Order no 229/00)
Access to Public Information (Executive Order no 1172/03).
3. VISITORS
3.1 Visas
No matter what their origin is, all individuals need a visa to enter Argentina.
The National Migration Office grants a visa for 90 days but this can be extended
for a further 90 days for tourism or business.
A business visa entitles a foreign national to hold business meetings but not to
perform any paid activity or to sign any contracts. In order to obtain a business
visa it is convenient, although not mandatory, to have an express letter of
invitation from the petitioning organisation in Argentina. On the other hand,
a work visa (being different than the business visa) requires a specially
documented approval to be processed at the National Migration Office, which
authorises a foreign national to enter Argentina as a migrant worker under a
dependent employment relationship with the petitioning organisation for a
three-year period, which can be extended.
3.3 Procedures
The following procedures must be followed to obtain a visa for business
purposes:
•
•
an application letter and the relevant documents must be presented at the
National Migration Office by the foreign national in person
the foreign national will receive an entry permit.
3.4 Documents
The foreign national must submit the following documents in order to obtain
a visa for business purposes:
•
•
•
20
FOR BUSINESS PURPOSES
an application letter detailing the grounds for the petition, together with
the following data:
- his or her first name, family name and date of birth
- his or her passport number or identity card
- his or her country of birth and nationality
- his or her civil status, profession and religion
- his or her country of residence (country of origin)
- the name of the Consulate where the passport will be endorsed (an
Argentinean Consulate in the country of origin)
- the domicile where the foreign national will reside
- details of any benefits that the petitioner will pay (e.g. housing and
travel)
details of his or her commercial or professional background
a copy of his or her passport (complete).
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4. WORKERS
WHO MAY NOT NEED WORK PERMIT
4.1 General
The following categories of foreign nationals do not require a work permit:
•
•
•
•
•
students entering a local university under a contract signed with the
foreign school that the student comes from
religious practitioners who enter Argentina to worship, as long as the
Ministry of Foreign Relations and Worship authorises them to do so
diplomats or agents of a foreign government
individuals entering Argentina for health reasons or who require medical
treatment
citizens from Mercosur countries, although they must process the
corresponding temporary residence (see section 5.1.2).
4.2 Procedures
Evidence of why the foreign national intends to enter the country on the
condition invoked must be supplied from the country of origin.
4.3 Documents
The necessary documents are those that prove the condition mentioned
above. However, please note that residence for Mercosur citizens can be
processed using an ID card instead of a passport, although a migration card
must be shown to prove the date of entry into the country.
must: prove legal entry into Argentina; provide a legal address within the
jurisdiction of the National Immigration Office; provide a criminal record
certificate issued by any country where they have previously resided during the
past three years (legalised by the Argentine Consulate or ‘Apostille’); produce
a criminal record certificate issued in Argentina; provide an international
statement proving they have no criminal record; and provide evidence that
they have sufficient financial means to subsist in Argentina. As residency is
given in accordance with its criterion of nationality, such a foreign national is
considered to be an Argentinean citizen and therefore does not require any
work contract or work permit.
As for extra-Mercosur citizens, they have two options for obtaining a work
permit. Firstly and most importantly, the employer must be registered with the
‘RENURE’ (National Petitioners Office), and must comply with a special
procedure. The employer must:
•
•
•
submit a registration request, given details of the organisation’s head office
and provide an address established for special purposes (i.e. any legal
notification) in the same jurisdiction as the head office or the ‘delegation
intervener’ (i.e. delegations of the National Migration Office established in
the different cities in the country). The foreign national must also be
authorised to perform the registration process
notify its status, social contract and legal registration to the ‘IGJ’ (General
Inspectorate of Justice) or the Public Registry of Commerce
produce authentic legal documents proving the most recent appointment
of officers enrolled with the IGJ
provide financial statements for the previous business year, duly certified by
the Council of Economic Sciences
provide tax registration records issued by the ‘AFIP’ (Public Revenue Office)
– detailing VAT, pension system and gross income
prove its legal registration with the competent authority
submit a form of knowledge of obligations, which is printed from the
agency (National Migration Office) website.
5. WORK PERMITS
•
5.1 General
The aim is for foreign nationals who are employed by a particular person or
organisation established in Argentina to be able to obtain a work permit to
enter and stay in order to render services under Argentinean labour law,
provided the employment is evidenced in writing.
•
5.1.1 Procedures
See section 5.1.2
Having fulfilled these requirements, the first step in starting the work permit
application process is that an employer’s agent with sufficient power to act on
the organisation’s behalf, needs to present the above documents to the
National Immigration Office with an appropriate note attached.
5.1.2 Documents
There are a number of requirements that foreign ‘Mercosur’ (Southern
Common Market) countries and Associate Mercosur Members must comply
with. Foreign nationals belonging to native Mercosur countries and Associate
Members can obtain residency status for a maximum period of two years. They
22
•
•
In this case, the application process is carried out overseas, in the foreign
national’s country of residence. The National Immigration Office permits the
application procedure to be filed with a formal notice of application.
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The foreign national must provide the following:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
his or her full name
date of birth
passport number
nationality
gender
country of birth
marital status
profession
country of residence
where the Argentinean Consulate has endorsed the passport
length of the proposed stay
address where he or she will reside in Argentina
the reasons for requesting entry for residency and work abroad
details of any benefits provided by the employer (e.g. salary, housing and
travel)
a full copy of his or her passport
two sets of the employment contract offered according to the model
established by the National Directorate of Immigration (for details of the
labour contract please see http://www.migraciones.gov.ar)
payment of the fee to the National Migration Office.
The employer must provide:
•
•
•
•
its registration with the AFIP
the most recent annual Income Tax payment certificate
the last three payments of value added tax and gross income
proof of the last six payments of social security contributions.
Once the National Immigration Directorate grants an entry permit, the foreign
national must go to the Argentinean Consulate in his or her place of residence
and produce the entry permit, his or her birth certificate, a criminal record
issued in any country where he or she has resided during the last five years,
and a valid passport.
Any certificate that is issued abroad must be legalised by the Argentinean
Consulate of the respective country with an Apostille Certificate pursuant to
the Hague Convention and any document drafted in any language other than
Spanish must be translated by a duly certified translator. The process for an
entry permit lasts approximately 30 days plus the time for the consular process
abroad, which takes approximately ten days.
24
Once all paperwork has been completed the Argentinean Consulate will grant
and issue a Working Visa to the foreign national in the terms expressed in the
authorisation.
The second process for obtaining a work permit is carried out by the National
Immigration Office, which has a special section for handling extra-Mercosur
cases. In such cases the National Immigration Office deals directly with the
foreign national. This situation arises where a foreign national wants to
regularise his or her work visa and is in Argentina as a tourist, but is seeking a
work visa. He or she must deal with the procedure personally, by producing the
documents listed above, plus the employer's registration with RENURE, and
the employment contracts according to the model established by the National
Directorate of Immigration. He or she must also pay the necessary fee. The
foreign national performs the procedure set out above by first requesting an
interview in advance via the internet. The interview and application procedure
can be finished on the same day. The interview must be requested
approximately 30 days in advance.
All documents issued abroad must be legalised by the Argentine consulate
located in the country issuing the document; the Ministry of Foreign Affairs
International Trade and Worship, or an Apostille, if the country has ratified the
Hague Convention.
However, irrespective of any provisions contained in international agreements
or conventions, any document issued by consular representatives abroad must
be legalised by the Ministry of Foreign Affairs International Trade and Worship,
except in the case of MERCOSUR countries.
All documents issued in a foreign language must be translated into Spanish by
National Public Translator and legalised by the Translators' Association.
The documents submitted should be originals, with a copy, in order for
certification to be made. The National Migration Office may ask for any
additional documentation it deems necessary.
5.2 Special preference categories
There are no special preference categories as a result of the constitutional
principle of equality for foreign nationals – those who stay in Argentina enjoy
the same rights as local individuals. Therefore, foreign workers can obtain a
work permit if they comply with the requirement to produce the relevant
documents.
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5.2.1 Procedures
Not applicable.
5.2.2 Documents
Not applicable.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Dependants are those who depend for economic reasons on the foreign
national, which can be the parents, spouse and/or children under 18 years old
(or older if the child is disabled. The visa granted will be documented with the
same immigration status, characteristics and validity as that of the foreign
national on whom they depend.
Minors must obtain permission from a parent to enter and stay in the country
and this must be filed at the time of the procedure, with current ID and a
certified birth certificate proving the family relationship. To be authorised for
such purposes, the permission must be signed by the competent authority. If
the child's parents do not reside in Argentina, the child must have an appointed
guardian, who must prove legal residence in the country and demonstrate
guardianship of the child. These documents (birth certificate and authorisation
issued abroad), must be duly legalised by the Argentine consulate in the
relevant country or apostilled in accordance with the Hague Convention or
legalised by the consulate of the country issuing the document in Argentina
(this last only applies to documents issued in MERCOSUR countries).
6.2 Procedures
These are the same as the ones described in sections 3, 4 and 5 above.
6.3 Documents
The marriage or birth certificates (as appropriate) proving the link between the
foreign national and the dependant are required.
26
1. INTRODUCTION
31
2. SOURCES OF LAW
31
31
3.1 Visas
3.3 Procedures
3.4 Documents
31
32
32
32
32
4.1 General
4.2 Procedures
4.3 Documents
32
33
33
5. WORK PERMITS
33
5.1 General
5.1.1 Procedures
5.1.2 Documents
33
35
36
5.2.1 Procedures
5.2.2 Documents
37
37
38
38
6.1 General
6.2 Procedures
6.3 Documents
38
38
39
Austria
Immigration - An International Handbook - AUSTRIA
1. INTRODUCTION
Approximately 800,000 foreign nationals currently live in Austria. Generally,
the legal requirements for residence and for permission to work in Austria are
different, even if the two issues may influence one another. The two types of
certificates granting legal residence in Austria are Visas and Residence Permits.
Please note that the Austrian legislature is planning reforms of the Foreigners
Employment Act and establishing new criteria ( a ‘points-based-system’) for
immigration. The new ‘3-pillar model’ will classify the immigrants as follows:
especially highly skilled persons, specialists in shortage occupations and key
personnel. Access to the job market for dependents will be easier than in the
past.
As a result of the planned reform of access to the job market for foreign
nationals (other than EU, EEA or Swiss nationals) the Aliens Act and the Aliens
Police Act will also be modified (e.g. there will be a new visa for job hunting
for especially highly skilled persons for a maximum of six months). These
amendments are likely to come into effect in middle of 2011.
2. SOURCES
OF LAW
The rights and duties regarding residence and work are
by several laws, the most important of which are
Act (Niederlassungs-und Aufenthaltsgesetz); the Foreigners
Act (Ausländerbeschäftigungsgesetz); and the Aliens
(Fremdenpolizeigesetz).
3. VISITORS
determined
the Aliens
Employment
Police Act
3.1 Visas
Most foreign nationals require a visa to enter and/or stay in Austria.
Holders of an EEA (European Economic Area, i.e. the EU Member States plus
Iceland, Liechtenstein and Norway) or a Swiss passport do not require a visa.
The complete list of nationalities requiring a visa to enter Austria is available at
the homepage of the Ministry of Internal Affairs (BMI): http://www.bmi.gv.at
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Visa C (Schengen visa)
A Schengen visa is required for all short-term business conferences and trips.
A Schengen visa allows foreign nationals to stay in the Schengen area for a
maximum of three months within any six-month period.
Visa D (National visa)
A ‘National’ visa is required for stays of more than 90 days, up to a maximum
of six months (temporary residence permit). This visa allows its holder to
engage in gainful employment during his or her stay. It is issued to persons
who enter the country to engage in seasonal work or in work that is only
transient (i.e. brief and temporary), whether he or she has an employer or is
self-employed.
3.3 Procedures
Visas C and D can be issued by the Austrian Consulates in the foreign
national’s country of residence. All Austrian Consulates (addresses, telephone
numbers, etc) are available at the homepage of the Federal Ministry for
European and International Affairs (BMeiA): http://www.bmeia.gv.at/.
3.4 Documents
When applying for a visa, the following documents must be submitted:
•
•
•
•
a current passport from the country of residence, with a minimum validity
of three months beyond the duration of the visa being requested
proof of sufficient income or assets to support the applicant during his or
her stay
proof of health and accident insurance covering all risks
any proof required by the Authorities (the type of proof differs locally: see
the homepage of the Federal Ministry for European and International
Affairs (BMeiA): http://www.bmeia.gv.at/).
4. WORKERS
4.1 General
A Work Permit is not required:
•
for short-term activities by employees of a foreign organisation, e.g. for
attendance at business conferences and meetings (see section 18
paragraph 2 of the Foreigners Employment Act)
32
•
•
for activities with the purpose of extending or applying knowledge or
practical skills (‘voluntary services’), provided that no salary is agreed, for
up to three months (see section 3 paragraph 5 of the Foreigners
Employment Act)
for a top manager (see section 2 paragraph 5a of the Foreigners
Employment Act).
4.2 Procedures
The owner of the organisation needs to register voluntary services with the
Public Employment Service (‘AMS’) two weeks before the beginning of the
activity. The AMS must issue a notification certificate within two weeks of
registration. If the certificate is not issued within two weeks, the voluntary
service can still be started. However, if the AMS refuses subsequently to issue
such a certificate, the voluntary service must be ended within one week after
the delivery of the rejection.
As top managers are excluded from the Foreigners Employment Act, no
registration or notification is necessary for them.
4.3 Documents
To apply for a notification certificate the following documents are required:
•
•
a completed application form
proof of professional qualification (e.g. letter of reference).
5. WORK PERMITS
5.1 General
Foreign nationals (except for EU, EEA or Swiss nationals) who intend to work
in Austria must hold a Work Permit (unless a Schengen visa is sufficient – see
section 4 above).
Note: Citizens from Bulgaria, Estonia, Latvia, Lithuania, Poland, Romania, the
Slovak Republic, Slovenia, the Czech Republic and Hungary still require a
special kind of Work Permit. However, they may apply for an EU-Freedom of
Movement Certificate (see below). The transition period for new EU-nationals
has been extended until 30 April 2011.
The transition period for Bulgaria and Romania might be extended until 31
December 2013.
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Below is a list of the main permits that are available for working in Austria:
Work Permit (Arbeitserlaubnis)
This must be applied for by the employee. It requires prior employment in
Austria of 52 weeks in a period of 14 months. It is valid for two years and is
renewable thereafter. It will be issued for a specific province, allowing the
holder to choose his or her employer and type of employment.
Secondment Permit (Entsendebewilligung)
This permit is offered to employees who intend to work in Austria for up to
four months on a project lasting no more than six months. In addition to the
Secondment Permit, the foreigner must also hold a ‘D’ visa.
Certificate of Exemption (Befreiungsschein)
This must be applied for by the employee. It is valid for five years. It requires
the applicant to have worked in Austria (with a corresponding permit) for five
years during the past eight years and have legal residence there.
Work Permit for integrated foreigners and ‘new’ EU citizens
(Beschäftigungsbewilligung)
This kind of work permit is offered for integrated foreigners having the right
to residence and for ‘new’ EU nationals. It must be applied for by the employer,
if the employee does not have a Certificate of Exemption or a previous Work
Permit. It is valid for a maximum of one year but is renewable. It entitles the
holder to take up legal gainful employment, at a defined workplace in Austria.
The applicant must already be in possession of a certificate of residence (see
below). As the number of non-Austrian citizens allowed to be employed in
Austria is limited and the quota is currently exhausted, in recent years only
integrated foreigners or ‘key personnel’ have successfully applied for a Work
Permit. If the employee needs a visa to enter Austria, the Austrian employer
must apply for a Certificate of Guarantee (Sicherungsbescheinigung) with the
local Labour Office, i.e. the Labour Office that has jurisdiction over the intended
place of employment. This is a prerequisite for applying for a Work Permit in
such a case.
EU-Freedom of Movement Certificate (EU-Freizügigkeitsbestätigung)
This certificate is offered to citizens from ‘new’ EU member states who have
had a valid Work Permit for the past 12 months, or who have a residence in
Austria for at least 5 years and have or had a regular income from legal
employment, or who fulfill the conditions for the certificate of exemption.
IImmigration - An International Handbook - AUSTRIA
limited. The total number of employed and unemployed foreign nationals
must not exceed 8% of the Austrian workforce.
5.1.1 Procedures
Employees wishing to obtain a Work Permit, Certificate of Exemption or the
EU-Freedom of Movement Certificate must make an application.
Secondment Permits must be applied for by the employer and it must provide
specific information demonstrating that the amount of remuneration being
offered is in line with the Austrian market.
There is a special processing time of six weeks for ‘Work Permits’. For the other
types of Permit or Certificate, a ‘general deadline’ of six to twelve months
applies (i.e. if the competent authority does not come to a decision within this
period, the party can request that the subordinate authority decides within the
following six months).
Foreign nationals (except for EU, EEA or Swiss nationals) intending to stay in
Austria for longer than six months require a Residence Permit.
There are different types of Residence Permit, depending on the purpose of
stay:
•
Residence Permit’ - this allows only temporary residence for the duration
of work or training
•
‘Permanent Residence Title – EEC’ – this may only be granted after five
years of uninterrupted residence
•
‘Settlement Permit – Key Personnel’ – this is valid for up to 18 months
and includes access to the job market as ‘key personnel’
•
‘Settlement Permit – Limited’ - e.g. in cases of family reunion (note that
self-employed activity is permitted, while other employment is permitted
only based on additional documents issued by the Public Employment
Service)
•
‘Settlement Permit – Unlimited’ - this is for key personnel after 18
months or for those who have lost their ‘Permanent Residence Title – EEC’.
It includes full access to the job market.
Note: The number of any kind of Work Permits issued for foreign nationals is
34
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EU, EEA and Swiss nationals do not require a Residence Permit. If they intend
to remain for more than three months, they must report their right of
residence within four months from the date of entry by applying to the
authorities for a ‘Registration Certificate’. Their spouses, children, parents and
parents-in-law who are not EU, EEA or Swiss nationals must apply for a
‘Residence Card’.
As mentioned above, the initial application for residence must be made from
abroad (at the Austrian Embassy or Consulate in the foreign national’s country
of residence) prior to entry into Austria, and must be issued before the employer
may actually apply for a Work Permit.
•
•
•
•
•
•
•
•
•
All subsequent permits are issued by the competent authority in Austria.
•
•
The Aliens Act (Niederlassungs– und Aufenthaltsgesetz) provides exceptions,
e.g. for family members of Austrian citizens (see section 21/2).
•
There is a special processing time of six weeks for Key Personnel. For persons
who already have a Residence Permit in another EU Member State, the
deadline for the authorities to make a decision is four months. For other types
of Residence Permit, the general deadline in administrative procedures of 6 to
12 months, mentioned above, applies.
5.1.2 Documents
To apply for any of the aforementioned permits or certificates, the following
are required:
•
•
•
•
•
a passport and official registration of residence (Meldezettel)
proof of Austrian residence
evidence of professional qualifications
proof of previous employment in Austria (only for Work Permits and
the Certificate of Exemption or EU-Freedom of Movement certificate
application)
proof of military service.
Application forms are available at the official website of the Public
Employment Service: www.ams.or.at.
When applying for a document authorising residence in Austria, the following
documents must be submitted:
36
a completed application form, in German
an integration agreement (if necessary)
a passport-sized photograph
a residence registration form
a birth certificate
a marriage certificate (if applicable)
copies of previous passports
a copy of a valid passport
proof of ‘adequate’ accommodation, judged according to customary
housing standards for residents of Austria (such as a tenancy or
sub-tenancy agreement)
proof of health insurance covering all risks
a document proving that either the applicant or the person who is
financially responsible for him or her has income or sufficient assets to
support him or her
an official police clearance certificate (not older than three months this is needed only in the case of first time applications, if the
intended duration of residence is longer than six months).
Joint venture and headquarter-delegations
Section 18 paragraph 3 of the Foreigners Employment Act states that foreign
nationals who are delegated from their host organisation to be trained in
Austria for up to six months do not need a Secondment Permit, provided that
the delegation is based on a joint venture and there is a special in-house
training programme.
In the event that there is a delegation to the Austrian headquarters, based on
a qualified inter-company training programme (for up to 50 weeks), no
Secondment Permit is required either. Please note that this exception applies
only for training purposes.
5.2.1 Procedures
The owner of the Austrian training organisation needs to register such
delegations with the Public Employment Service (‘AMS’) two weeks before the
beginning of the delegation period. The AMS must issue a notification
certificate within two weeks. The delegate is not permitted to begin the
training programme without a notification certificate.
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5.2.2 Documents
To apply for the notification certificate the following documents are required:
6.3 Documents
To apply for the Residence Card the following documents are required:
•
•
•
•
•
•
•
a joint venture contract
a training programme.
Application forms are available at the official website of the Public
Employment Service: www.ams.or.at.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Dependants of EU, EEA or Swiss nationals who intend to remain in Austria for
more than three months, and who are not EU, EEA or Swiss nationals, must
apply for a Residence Card.
a valid passport
the registration form of the EU, EEA or Swiss national
a marriage certificate or proof of parent-child relationship.
To apply for a Settlement Permit the following documents are required:
•
•
•
•
•
•
a valid passport
a birth certificate
a passport-sized photograph
proof of ‘adequate’ accommodation, judged according to customary
housing standards for residents of Austria (such as a tenancy or
sub-tenancy agreement)
proof of health insurance covering all risks.
Dependents are:
•
•
•
spouses or ‘registered partners‘
children (not older than 21 years)
parents or parents-in-law.
Dependants of foreign nationals holding a ‘Permanent Residence Title – EEC’
may apply for a ‘Settlement Permit – limited’ or a ‘Settlement Permit – unlimited’.
Dependants are:
•
•
a spouse (older than 21 years, where the marriage must have been
conducted before settlement of the foreign national in Austria)
children (not being older than 18 years).
6.2 Procedures
Dependants must apply for the Residence Card within four months from the
date of entry. For the Settlement Permit, the application must be made within
three months from the date of entry.
38
39
1. INTRODUCTION
43
2. SOURCES OF LAW
43
43
3.1 Visas
3.3 Procedures
3.4 Documents
43
44
44
44
45
4.1 General
4.2 Procedures
4.3 Documents
45
46
46
5. WORK PERMITS
46
5.1 General
5.1.1 Procedures
5.1.2 Documents
46
47
49
5.2.1 Procedures
5.2.2 Documents
50
50
50
52
6.1 General
6.2 Procedures
6.3 Documents
52
52
53
Belgium
Immigration - An International Handbook - BELGIUM
1. INTRODUCTION
As a rule, EEA nationals (i.e. EU, Icelandic, Norwegian, Liechtenstein and Swiss
nationals) do not need a work permit to work in Belgium. However, Romanian
and Bulgarian nationals will until 31 December 2011, continue to need a work
permit in order to work in Belgium. Therefore, for the purposes of this
chapter, ‘foreign’ national or employee refers to non-EEA nationals or employees
and Romanian and Bulgarian nationals or employees.
Belgium does not have a quota for the employment of foreign employees.
However, the authorities do not easily grant work permits to foreign employees,
unless they are highly skilled and earn a minimum income, which is set
annually by law. For 2011, this is set at EUR 36,604 gross per year.
In addition to the procedures governing work permit applications, the
authorities want to have an overview of the foreign nationals who are
working in Belgium and therefore introduced, as of 1 April 2007, the ‘Limosa
Declaration’. Some categories are exempt. Those employees who are not
exempt must be declared by the employer at www.limosa.be, prior to the start
of their activities in Belgium. Note that the ‘Limosa Declaration’ applies both
to EEA and non-EEA employees.
2. SOURCES
OF LAW
The sources of immigration law are as follows:
•
•
•
Act of 15 December 1980 and Royal Decree of 8 October 1981 on the
entry, residence, settlement and expulsion of foreign nationals.
Act of 30 April 1999 and Royal Decree of 9 June 1999 on the employment
of foreign employees.
Programme Act of 27 December 2006.
3. VISITORS
3.1 Visas
Depending on the foreign national’s country of origin, he or she may need a
Schengen visa to enter the Schengen area (and thus Belgium). The Schengen
area comprises the following countries: Austria, Belgium, Denmark, Finland,
France, Germany, Iceland, Italy, Greece, Luxembourg, the Netherlands,
Norway, Portugal, Spain, Sweden, Estonia, the Czech Republic, Hungary,
Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia and Switzerland.
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However, some foreign nationals (e.g. US and Japanese nationals) are exempt
from applying for a visa and can stay in the Schengen Area (and thus Belgium)
for up to a maximum of 90 days in a six-month period without needing a visa
and/or a residence permit.
Foreign employees can come to Belgium to participate in business meetings
and scientific congresses, if their stay in Belgium for the meeting or congress
does not exceed five calendar days per month. If the stay in Belgium exceeds
five calendar days per month, the foreign employee must apply for a Belgian
work permit.
Immigration - An International Handbook -
•
•
•
Nonetheless, those foreign nationals listed under 3.1 above must apply for a
Schengen visa before entering Belgium, unless they are exempt.
•
3.3 Procedures
A foreign national must apply for a Schengen visa (visa type C) prior to his or
her arrival in Belgium. The Schengen visa can cover a period of a maximum of
90 days in a six-month period. If a foreign national stays in Belgium and/or the
Schengen area for more than 90 days in a six-month period, he or she needs
a residence permit (visa type D – see below).
An application for a Schengen visa should be submitted to the Belgian
Embassy or Consulate in the foreign national’s country of residence. The
Consulate must decide on the visa application within a 15-day period. In
exceptional cases, this period may be extended up to 30 days, 60 days being
the maximum.
If the employee does not stay in a hotel or boarding house, he or she must
register at the municipality of his or her place of stay in Belgium within three
working days of arrival in Belgium. The employee will then receive an ‘Annex
3’ form stating the date of arrival in Belgium.
3.4 Documents
To receive a business visa (visa type C), the following documents must be
submitted to the Belgian Embassy or Consulate:
•
•
a travel document (e.g. a national passport) that is valid for three months
longer than the visa
a completed visa application form
•
proof of the purpose of the visit (e.g. a work permit; a letter of invitation
by a Belgian organisation to take part in meetings, which indicates the
nature of the relationship between the Belgian organisation and the
foreign employee or his or her organisation; details of the proposed
commercial activities; a certificate or document from the employer; and
entry tickets for congresses, fairs)
documents with regard to accommodation in Belgium, or proof of
sufficient means to cover accommodation (e.g. a hotel reservation)
proof of sufficient means of subsistence for the duration of the stay and
the return journey (e.g. cash, cheques and credit cards that are accepted
in Belgium; an employment contract or assignment letter; bank
statements; a legalised pledge of financial support, signed by a Belgian
national or a foreign national with an unlimited stay in Belgium and a copy
of the guarantor’s last three pay slips)
proof of travel insurance, both medical and accident, that is valid for the
entire Schengen area (the minimum coverage must be EUR 30,000)
information enabling the assessment of the foreign national’s intention to
return (e.g. proof of a return airline ticket). This return ticket must only be
presented upon delivery of the visa in order to avoid unnecessary costs.
These are the basic documents required. However, the Embassy or Consulate
may ask for additional documents.
4. WORKERS
4.1 General
The following categories of workers do not need a work permit, if they fulfill
the exemption conditions and provided that they have a valid visa or residence
permit:
•
•
•
•
•
44
BELGIUM
foreign family members (e.g. spouse, registered partner, immediate
relatives) of EEA nationals living at the same address
individuals having ‘permission of establishment’ (Electronic Identity card C)
or a residence permit for an indefinite duration (Electronic Identity card B)
foreign students enrolled at a Belgian educational establishment during the
school holidays and/or to follow mandatory trainings to obtain their
degree
sales representatives, on behalf of a foreign employer which has no branch
office in Belgium (for a maximum of three consecutive months)
non-EEA nationals, employed by an organisation located in the EEA, who
are sent to Belgium to deliver services on behalf of their employer, on
condition that they have the necessary permits to reside and work in the
country where their employer is located (no maximum duration)
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•
•
•
•
•
foreign media journalists (for a maximum of three consecutive months)
qualified and specialised employees who work on the initial assembly
and/or installation of a delivered good (the maximum duration of the work
must be no more than eight days)
specialised technicians who are required for urgent maintenance work or
repairs to machines that were delivered by their employer (for a maximum
stay required for the activities of five days per month)
foreign nationals training at the Belgian offices of a multinational group, if
certain conditions are met
members of management or employees with a senior positions, employed
by the headquarters of a multinational organisation located in Belgium.
These employees must earn a minimum gross annual salary of EUR 61,071
as at 2011 (there is no maximum duration).
4.2 Procedures
If there is an exemption, no specific application procedure must be followed.
In fact, the exemptions were set up in order to limit the administrative burden
on employers and employees. However, in some cases, a notification to the
competent authorities must take place before the employee starts working.
The procedure varies depending on the particular exemption.
An exemption only applies to a work permit. As a rule, non-EEA nationals who
want to enter Belgium need a visa, unless they are exempt (see 3.1 above).
Moreover, any non-EEA national who wants to stay in Belgium for a period of
more than three months, must apply for a Belgian residence permit.
It should be noted that the work permit exemptions do not apply to employees
without a valid visa or residence permit.
4.3 Documents
Not applicable.
5. WORK PERMITS
Work permit B
Valid for only one employer and for a maximum period of one year. Work
permit B is renewable. After three, four or five successive renewals, the foreign
employee may be entitled to a residence permit of an indefinite duration in
Belgium (an Electronic Identity card B), which will automatically allow him or
her to work in Belgium without further need of a work permit
Work permit C
Valid for all employers and for foreigners with temporary residence in Belgium
(e.g. refugees).
However, in most cases, foreign nationals are eligible for a work permit B only.
As a rule, a work permit B is only granted to nationals of countries with which
Belgium has a bi- or multi-lateral treaty on labour, provided that no employee
can be found on the EEA job market to occupy the position. (Belgium has a
treaty on labour with the following countries: Morocco, Tunisia, Turkey,
Algeria, Switzerland, Croatia, Serbia, Montenegro, Bosnia-Herzegovina,
Macedonia, and the new EU Member States.) As a result, a work permit B is
rarely granted to based on the ‘general’ rules, but only on the special
preference categories of persons who are exempt from the ‘treaty’ and ‘EEA
job market’ conditions (see section 5.2).
The most frequently used special preference category is that of highly skilled
employees who earn a minimum annual gross salary of EUR 36,604 (as at
2011). There is also an exception for Romanian and Bulgarian nationals (note
that until 31 December 2011 they continued to need a work permit to be
employed). They can receive a work permit to work in a high demand
profession that is recognised by the authorities. Special rules also exist for
those non-EEA nationals who have obtained the status of a long-term resident
in another EU Member State, to work in a high demand profession that is
recognised by the authorities.
In practice, these categories have become the common way to apply for a
work permit.
5.1 General
There are three different types of work permit:
5.1.1
Work permit A
Valid for all employers and for an indefinite duration
Work permit
The work permit application should be made by the following persons:
•
46
Procedures
work permits A and C: the employee
47
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•
work permit B: the employer (or its proxy holder). If the employer is
not a Belgian organisation, a Belgian proxy holder or lawyer must make
the application.
The work permit application must be made at the correct Regional Ministry,
depending on the employee’s place of employment:
visa type C (i.e. within three months of arrival in Belgium). If not, the foreign
national must return to the Belgian Embassy or Consulate that services his or
her local residence abroad.
•
•
•
Work permit
The list of documents and information varies depending on the particular
situation of the foreign national. The following documents must be submitted
for highly skilled employees to be granted a work permit:
in Flanders: Flanders Regional Ministry
in Brussels: Brussels Regional Ministry
in the Walloon Region: Walloon Regional Ministry.
In general, the application process takes two to four weeks after all the
documents have been sent to the Ministry.
For Romanian and Bulgarian nationals, and non-EEA nationals who have
obtained the status of a long-term resident in another EU Member State, who
want to be employed in a high demand profession recognised by the
authorities, the application process takes a maximum of five working days.
Visa or residence permit
Foreign nationals who intend to stay in Belgium for longer than three months
require a residence permit. The residence permit application must be made by
the employee.
If the foreign national is abroad, he or she must apply for a temporary
residence permit for work prior to his or her arrival in Belgium (visa type D).
The employee needs to take the approved work permit to the Belgian Embassy
or Consulate that services his or her local residence. It takes on average six
weeks for the Belgian Embassy to process the application.
5.1.2 Documents
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a completed and signed application form (the form differs from region
to region, depending on where the employee’s place of employment is)
a photocopy of every page of the employee’s passport (which must be
valid for at least a further 12 months)
three recent passport-sized photographs (originals only, no copies)
a current CV
copies of relevant academic records or academic qualifications
a description of the employee’s job and duties in Belgium
a copy of a signed employment contract or a signed secondment letter
listing the employee’s terms and conditions in Belgium
a medical certificate (according to the standard form – the form differs
from region to region, depending on where the foreign employee will
be employed). The employee must have this form completed by a
doctor accredited by the local Belgian Embassy in his or her country of
residence and legalised by the Belgian Embassy
a social security declaration (if relevant)
a ‘certificate of coverage’ (for a secondment).
After visa type D has been processed and accepted by the Belgian authorities,
the foreign national may enter Belgium. Within eight working days after
arrival, the foreign national and his or her family must register with the
municipality of his or her place of residence in Belgium. Personal appearance
is required. Afterwards, the residence permit (Electronic Identity card A) will be
issued. The residence permit is valid for the duration of the work permit plus
one month and can be renewed once the renewal of the work permit is
obtained.
The documents below must be submitted for new EU nationals and non-EEA
nationals who have obtained the status of a long-term resident in another EU
Member State, who want to be employed in a high demand profession
recognised by the authorities:
If the foreign national (highly skilled employee) is already in Belgium, he or she
can only make the application for a residence permit at the municipality of his
or her place of residence in Belgium. To do so, he or she must have obtained
a work permit. He or she must make the application prior to the expiry of the
Visa or residence permit
The following documents must be presented by an employee applying for a
visa type D either on the basis of a work permit or an exemption from having
a work permit:
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a photocopy of every page of the employee’s passport
a photocopy of the written employment contract signed by the employer,
if required by law.
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a travel document (e.g. a national passport), which must be valid for at
least a further 12 months
two completed and signed visa application forms
an approved work permit or declaration from the employer, if the
employee is exempt from having a work permit
a certificate of good conduct covering the last five years (which must
be dated a maximum of six months before the application date)
a medical certificate, if the employee is exempt from having a work
permit (if not, a copy of the medical certificate that was submitted
when applying for the work permit)
two recent passport-sized photographs (originals only, no copies).
5.2.2 Documents
The necessary documents vary depending on the particular application.
The following documents must be presented:
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These are the basic documents required, however, the Embassy or Consulate
may ask for additional documents.
Besides highly skilled employees, the following categories of employees, for
example, are also eligible to receive a Belgian work permit B, upon fulfillment
of the (usually strict) conditions:
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employees in a leading position. These employees must be able to
represent and engage the organisation and must earn at least an annual
gross salary of EUR 61,071 (as at 2011)
specialised technicians employed by a foreign employer, for assembly or
repair works (for a maximum duration of six months)
interns between 18 and 30 years old inclusive, on the condition that they
have a degree (at least a bachelor degree) and the internship is a
continuation of their education (for a maximum duration of 12 months)
family members of foreign nationals who have a residence permit limited
to employment (those with a work permit or professional card – but note
that there are also some exemptions).
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5.2.1 Procedures
The application procedure for a work permit B can be found in section 5.1.1
above.
•
As a rule, non-EEA nationals who want to enter Belgium need a visa, unless
they are exempt (see section 3.1). Moreover, any non-EEA national who wants
to stay in Belgium for a period of more than three months, must apply for a
Belgian residence permit.
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a completed and signed application form (the form differs from region to
region, depending on where the employee’s place of employment is) –
required for all
a photocopy of every page of the employee’s passport (which must be valid
for at least a further 12 months) – required for all
three recent passport-sized photographs (originals only, no copies) required for all
a medical certificate (according to the standard form – the form differs
from region to region, depending on where the foreign employee will be
employed). The employee must have this form completed by a doctor
accredited by the local Belgian Embassy in his or her country of residence
and legalised by the Belgian Embassy – required for all except specialised
technicians
a copy of a signed employment contract or a signed secondment letter
listing the employee’s terms and conditions in Belgium - required for
employees in a senior position, specialised technicians and family members
of a foreign employee
an internship agreement – required for interns
a current CV – required for interns and employees in a senior position
a written declaration by interns that they will not exercise any other job
during their internship in Belgium – required for interns
a sales contract or delivery receipt in which the order is confirmed –
required for specialised technicians
a written declaration by the foreign employer in which the assignment and
its duration are confirmed – required for specialised technicians
a copy of the employment contract or signed secondment letter (if employee)
and residence permit of the foreign national – required for family members
of foreign nationals
documents proving the link with the foreign employee (e.g. marriage
certificate, registered partnership and birth certificate) – required for
family members of foreign nationals with a residence permit limited to
employment
a social security declaration (if relevant)
a certificate of coverage (for a secondment).
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6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
The rules for ‘family reunion’ that regulate the lawful stay for dependants of
non-EU nationals are different depending on the duration of the residence
permit of the non-EU national. As foreign nationals with a work permit B
usually have a residence permit of a definite duration, this scenario will be
focused upon below. The following family members can ask for a family
reunion with a non-EU national who has a residence permit of a definite duration:
•
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a spouse or equivalent partner (i.e. registered partnership that exists in
Denmark, Germany, Finland, Iceland, Norway, the UK and Sweden)
another legal registered partner, on the condition that both partners are
more than 21 years old, are unmarried, and have a stable relationship with
a duration of at least one year to date
underage children, on condition that they are unmarried and live with their
parents
disabled children on condition that they are unmarried and cannot live on
their own.
6.2 Procedures
The dependant must file the application for a family reunion at the municipality
of the place of his or her residence and must present all the necessary
documents there. Moreover, the dependant must demonstrate that he or she
has ‘legal stay’ in Belgium (e.g. a valid visa type C or where the arrival stamp
in his or her passport is less than three months old).
If there is a positive house check by the police, the municipality will deliver an
‘immatriculation certificate’ (orange card), valid for a period of nine months.
The orange card can be renewed twice with a period of three months each
(15 months in total). If there is a positive decision by the Foreigners Office, or
no decision within a period of 15 months, the municipality will deliver a
residence permit (Electronic Identity card A).
6.3 Documents
In general, depending on the individual dependant’s status, the following
documents must be submitted by a foreign national requesting family reunion:
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Procedure from abroad
Dependants who are not exempt from the obligation to have a visa to enter
Belgium, must apply for the family reunion before their arrival in Belgium, at
the Belgian Embassy or Consulate of their country of residence. They must
apply for a visa type D for a family reunion.
•
After arrival in Belgium, the dependant must register at the municipality of his
or her place of residence within eight working days.
•
If there is a positive house check by the police, the municipality will deliver an
‘immatriculation certificate’ (orange card), which is valid for a period of nine
months. The orange card can be renewed twice with a period of three months
each (15 months in total). If there is a positive decision by the Foreigners
Office, or no decision within a period of 15 months, the municipality will
deliver a residence permit (Electronic Identity card A).
•
Procedure in Belgium
Dependants who are exempt from the obligation to have a visa to enter
Belgium (as well as dependants with a valid visa type C) can apply for a
family reunion after their arrival in Belgium at the municipality of the place of
their residence. They do not need to apply for a visa type D.
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a valid travel document (e.g. a national passport with a valid visa or stamp
of arrival), which must be valid for at least a further 12 months – required
for all
two completed and signed visa application forms – required for all
two recent passport-sized photographs (originals only, no copies) –
required for all
a copy of the Belgian residence permit of the non-EU national whom the
dependant comes to join – required for all
the birth certificate of the foreign national who is making the application
(legalised if it is a foreign document) – required for all
a marriage or registered partnership certificate (legalised if it is a foreign
document) – required for a spouse or equivalent partner
proof of the stability of the relationship (e.g. letters, email communication,
phone bills, airline tickets to prove meetings and proof of past
cohabitation) – required for legal cohabitants
a certificate of good conduct of the foreign national who is making the
application – required for a spouse, equivalent partner, legal cohabitant
and disabled child
a certificate of unmarried status of the foreign national who is making the
application (if the child is more than 15 years old) – required for children
medical insurance covering the risks in Belgium – required for all
a medical certificate of the foreign national who is making the application
– required for all
a rental agreement – required for all.
These are the basic documents that must be submitted, however, the Embassy,
Consulate or municipality may ask for additional documents.
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1. INTRODUCTION
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2. SOURCES OF LAW
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3.1 Visas
3.3 Procedures
3.4 Documents
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4.1 General
4.2 Procedures
4.3 Documents
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5. WORK PERMITS
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5.1 General
5.1.1 Procedures
5.1.2 Documents
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6.1 General
6.2 Procedures
6.3 Documents
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Brazil
Immigration - An International Handbook - BRAZIL
1. INTRODUCTION
Brazil has always been a country that is open to immigration, ever since its
discovery by Portugal in the year 1500. Immigration to Brazil started in 1808
with 300 Chinese citizens coming from Macau, and since then there have
been several cycles from many different countries (Switzerland, Germany, Italy,
Japan, Portugal, Finland, Spain, Poland, Ukraine, Lebanon, Syria, Korea, China,
Turkey, Greece, Romania and Argentina).
Brazil has a law and a decree that regulate the entry, stay and departure of
foreign nationals. However, the requirements for the granting of work visas are
determined by Normative Resolutions issued by the National Council of
Immigration and this results in a much more expeditious process than would
otherwise be the case. The Normative Resolutions are constantly updated,
following as closely as possible the needs of the modern world (for example,
even though in Brazil there is no law regulating same-sex marriage, it is
possible for a foreign national coming to Brazil to bring a same-sex partner).
In July 2009 a bill to regulate the entry, stay and departure of foreign nationals in
Brazil; the granting of Brazilian citizenship; and the creation of a National
Council of Migration, was sent to the National Congress (Project No
5,655/2009), but there have been no further developments.
2. SOURCES
OF LAW
Article 5 of the Brazilian Federal Constitution guarantees to foreign nationals
living in Brazil the same rights as Brazilian citizens. They must be treated
equally, with no discrimination based on citizenship, other than the restrictions
set out in the Constitution (e.g. only Brazilian citizens can run for president of
Brazil).
In Brazil, the main law which regulates the conditions for foreign nationals is
Law No 6,815/80, regulated by Decree No 86,715/81.
The rules for obtaining the different types of work visa are issued by the
National Council of Immigration in the form of Normative Resolutions. As of
November 2010, there are 34 Normative Resolutions in effect.
There are also Recommended Resolutions that regulate special situations, such
as humanitarian reasons for refugees who do not meet all the requirements
for obtaining a visa, and health reasons for people who are in Brazil or need
to come to Brazil for medical treatment.
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The following Normative Resolutions that are presently in effect deal with:
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1 - high-level professors or researchers and scientists
5 - reinstatement of permanent visa status
6 - permanent visas for refugees (with changes introduced by NR-91)
9 - place of grant of visas
14 - temporary absence from Brazil during a period when an application
for a visa extension is being analysed
18 - private investors in or administrators of officers of organisations
located in the Brazilian Exportation Processing Zone
27 - special situations
35 - rendering of services to the Brazilian Government
36 - family reunions (with changes introduced by NR-85)
39 - religious ministers or members of a consecrated or confessional
institution or religious order, to render religious services or to study
43 - international co-operation agreements
45 - retirement
49 - educational exchange programmes
61 - transfers of technology, technical assistance or emergency situations
(with changes introduced by NR-73)
62 - administrators and officers
63 - representatives of financial institutions headquartered abroad
68 - volunteer work for religious, social assistance or non-profit nongovernmental organisations
69 - foreign artists or sportspeople
70 - administrators of non-profit organisations
71 - foreign seamen onboard foreign tourism ships operating in Brazilian
territorial waters
72 - work on foreign ships or platforms
74 - general procedures (with changes introduced by NR-75)
76 - professional athletes
77 - common-law marriages, without sex discrimination
78 - reporting and filming for journalistic, news or commercial purposes
79 - foreign employees of Brazilian multi-national organisations
80 - temporary visas under employment contracts with Brazilian
organisations (with changes introduced by NR-89)
81 - crew members of foreign fishing vessels(with changes introduced by
NR-90)
82 - foreign scientists, teachers, researchers or professionals
83 - foreign tourist ships in Brazil on a long-term trip
84 - individual foreign investors
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86 - training of foreign athletes aged between 14 and 21 years
87 – professional training of foreign nationals working for foreign
organisations belonging to the same economic group as the sponsoring
Brazilian organisation
88 – trainees.
3. VISITORS
3.1 Visas
Whether or not a foreign national needs a consular business visa to enter Brazil
depends on his or her country of citizenship. In general, for citizens of most of
the European and the South American countries, no consular business visa is
required. For citizens of North American and for most of the Central American,
Asian, African and Oceanian countries a consular business visa is required.
By contrast, citizens of Argentina, Bolivia, Chile, Colombia, Ecuador, Paraguay,
Peru, Uruguay and Venezuela may enter with only an Identity Card from their
country of origin, with no need of a passport.
A consular business visa is available to people coming to Brazil to attend
business meetings, conferences, seminars, workshops or trade shows, or for
crew members of an aeroplane or a ship who do not hold an international
crew card, or for media coverage or filming, or in an adoption process.
Under no circumstances can a foreign national work for and/or be paid by a
Brazilian source when in Brazil under a consular business visa. A list of the
countries for which a consular business visa is required can be found at
www.portalconsular.mre.gov.br.
Foreign nationals involved in the installation, service and/or repair of
equipment in Brazil do not qualify for a consular business visa.
3.3 Procedures
For citizens of countries for whom a consular business visa is not required,
when filling out the ‘Entry Form’ (‘Tarjeta de Entrada’) that is handed out on
their flight to Brazil, those coming in under a consular business visa must tick
the box entitled ‘business’. When stamping the Entry Form, the Federal Police
officer in the airport will determine the permitted period of stay (which would
normally be 90 days, but the officer may only permit a shorter period).
However, it is possible to renew the consular business visa once in Brazil, for a
maximum period of 90 days.
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For citizens of countries for whom a consular business visa is required, it must
be applied for at the Brazilian Consulate having jurisdiction over the place of
residence. Consular business visas are normally multi-entry visas for a period of
up to five years, but this depends on the reciprocity principle (i.e. what the
reciprocating country offers to Brazilian citizens).
The validity of the consular business visa begins on the date of first entry into
Brazil. Business visa holders, regardless of nationality or visa validity period, can
only stay in Brazil for up to 90 days in one continuous period, or for a shorter
period if otherwise noted on the visa. An extension of the original 90 days can
be granted by the Federal Police Department in Brazil, although the total stay
(whether on several trips, or on a single trip with a visa extension) cannot
exceed 180 days per year.
The processing time for the granting of a consular business visa varies,
depending on the Consulate, from 3 to 15 business days.
3.4 Documents
To obtain a consular business visa, the foreign national normally needs to
submit the following documents:
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the visa form, to be filled out online at https://scedv.serpro.gov.br
payment of the consular fee
a full face photograph with a white background
a passport, valid for at least another six months and with at least one blank
page for the visa stamp
flight information
a letter from the employer or bank, if he or she is self-employed
for filming or documentary purposes, a special authorisation from ANCINE,
an agency of the Ministry of Culture, is required; and should be obtained
directly by a Brazilian co-producer
if the trip is for adoption purposes, the foreign national(s) must indicate all
the data concerning the lawyer instructed for in the adoption proceeding,
as well as submit a police clearance certificate issued within the last three
months
there may also be some special documentary requirements relating to
health, depending on the Brazilian city of destination or country of origin
or places the foreign national visited in the last 90 days
the Consulate may request additional information or documentation, as
necessary (for example, some Consulates require proof of residence).
(for example, picture size, proof of residence etc.) may vary depending
on the Consulate, the foreign national must always check the website of the
Brazilian Consulate having jurisdiction to grant the visa (please visit
www.portalconsular.mre.gov.br and then click on the relevant continent,
country and city).
4. WORKERS
4.1 General
For any type of work, training or education, a foreign national must apply for
the appropriate visa at the Brazilian Consulate having jurisdiction over the
place of his or her residence, except in the case of Mercosur nationals, and
Bolivian and Chilean citizens.
In the case of Mercosur (Argentina, Paraguay, Uruguay) and also Bolivia and
Chile, their nationals may reside, study and work in Brazil irrespective of
obtaining a work visa or a residence permit prior to their arrival. However, once
they arrive in Brazil, they must apply for the residence permit, which will allow
them to study and/or work in Brazil.
4.2 Procedures
Nationals of Argentina, Paraguay, Uruguay, Bolivia and Chile may apply for a
residence permit either in their country of residence, at the Brazilian Consulate
having jurisdiction over their place of residence, or upon arrival in Brazil, at the
Federal Police Department.
The residence permit is valid for a two-year period, at the end of which the
foreign national may request that it be changed to permanent residence, there
being no need to obtain any special work or study authorisation.
4.3 Documents
To apply for the visa or residence permit at the Consulate prior to arrival in
Brazil, the foreign national needs to submit the following:
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As some of the specific requirements for the visa application documentation
60
the visa form, to be filled out online at www.scedv.serpro.gov.br
payment of the consular fee
a full face photograph, with a white background
a passport, valid for at least another six months and with at least one blank
page for the visa stamped, or a national Identity Card
a police clearance certificate issued within the last 90 days at the place of
residence for the last five years
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a sworn statement signed before a Public Notary that he or she does not
have any international criminal or police record
a birth and/or marriage certificate, as the case may be, or certificate of
naturalisation, if applicable, issued more than five years prior to the
application
details of any special health requirements, if applicable, depending on the
Brazilian city of destination or country of origin or places where the foreign
national has visited in the last 90 days.
If the foreign national prefers to apply for the visa (residence permit) directly in
Brazil, then he or she must go to the Federal Police Department and present
the following:
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the Federal Police form, duly completed and signed
his or her entry form
payment of the registration fee
two full face pictures (3mmx4mm), with a white background
a passport or Identity Card from the country of origin
a police clearance certificate
his or her birth or marriage certificate, duly notarised and consularised in
the country of origin and translated in Brazil by a sworn translator.
5. WORK PERMITS
5.1 General
All those coming to work in Brazil (other than nationals of Argentina,
Paraguay, Uruguay, Bolivia and Chile), and also for some special types of
training (on-the-job training or an inter-organisation transfer for training in
Brazil) need to have a work authorisation approved by the General
Co-Ordination of Immigration/Ministry of Labour before the visa can be issued
by the Brazilian Consulate.
The type of visa to be applied for depends on the type of work that will be
carried out in Brazil.
Work and study visas for Brazil are both a work/study visa and a residence
permit, so there is no need for different procedures.
The most common types of work visa are as follows:
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Permanent
A permanent work visa is for:
(i) directors, officers or administrators of a Brazilian organisation affiliated to
a foreign organisation
(ii) individual foreign investors
(iii) administrators of a non-profit organisation
(iv) representatives of a foreign financial institution
(v) representatives of a foreign airline.
Even though the permanent visa is for an indeterminate period of time, the
first ‘RNE’ (Brazilian Identification Card for foreign nationals) is issued for a
five-year period (or for the period of the mandate, whichever is the shorter),
except in the case of a personal investor, for whom the validity of the initial
RNE is three years, during which the foreign national can only work for the
organisation which applied for the visa (the so-called ‘conditional period’).
At the end of the conditional period, the foreign national can renew the RNE,
this time for a nine-year period, and after the renewal he or she is no longer
limited to working for the organisation which initially applied for the visa.
Temporary Item V under an Employment Agreement
A temporary item V under an employment agreement visa is for those who:
(i) come to work for a Brazilian organisation under an employment
agreement
(ii) are high level professors or researchers, or foreign scientists, and come to
work either in the public or private sector
(iii) are professional athletes.
Items (i) and (ii) are valid for a two-year period, renewable for another two
years, at the end of which they can be changed to a permanent visa. Item (iii)
is for a minimum period of three months and a maximum period of two years,
and is renewable.
Temporary Item V without an Employment Agreement
A temporary item V without an employment agreement visa is for those who:
(i) come to work under a technical assistance or transfer of technology
agreement, or for technical assistance under a warranty clause
(ii) come to work on a foreign ship or platform operating in the Brazilian
territorial waters
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(iii) work abroad for a Brazilian multi-national organisation and come to work
for the Brazilian parent organisation in a technical-operational or
administrative function
(iv) work abroad for the foreign parent or associated organisation of a Brazilian
organisation and come to Brazil for on-the-job training
(v) are foreign-language professors working at an educational institution and
come to Brazil for cultural training
(vi) are sea persons who come to work on a foreign tourism ship that operates
in Brazilian territorial waters
(vii) are crew members of a foreign fishing vessel chartered by a Brazilian
organisation.
Item (i) is valid for a maximum of one year and is renewable for another year;
items (ii), (iii) and (viii) are valid for a maximum of two years and are renewable
for a similar period; items (iv), (v) and (vi) are valid for a maximum of one year
and are non-renewable; item (vii) is valid for a maximum of 180 days and is
non-renewable. This type of visa cannot be changed into a permanent visa.
Temporary Item III without an Employment Agreement
A temporary item III without an employment agreement visa is for artists or
athletes coming to work in Brazil for a certain event, with no employment
relationship in Brazil. The validity of the visa depends on the time required for
the event, but its maximum period of validity is 90 days, renewable in Brazil
for a similar period.
5.1.1 Procedures
The first step is to apply for a work authorisation before the General
Co-Ordination of Immigration, at the Brazilian Ministry of Labour. Once the
work authorisation is approved, the Co-Ordination of Immigration advises the
Ministry of Foreign Relations, which in turn informs the Brazilian Consulate
indicated in the application of the approval.
The Brazilian Consulate only receives the visa application from the foreign
national after it has been informed by the Ministry of Foreign Relations that
the work authorisation is approved.
It takes approximately 30 to 45 days for the work authorisation to be approved
and for the Brazilian Consulate to receive the information from the Ministry of
Foreign Relations that the work visa has been processed. As to the processing
of the visa application at the Brazilian Consulate, this varies between three and
15 business days, depending on the Consulate.
5.1.2 Documents
As explained above, the first step is to obtain a work authorisation at the
General Co-Ordination of Immigration in Brazil, and the second step is to
obtain the work visa at the Brazilian Consulate.
The documentation for obtaining work authorisation varies depending on the
type of visa. Information as to the specific documentation for each visa type
can be obtained at the site of the Ministry of Labour (please visit
www.mte.gov.br. There is an option to access English or Spanish versions, but
in relation to the Procedural Guide, the site is only updated through Normative
Resolution No 72. Additionally, in relation to legislation, the English version is
updated through Normative Resolution No 84 and the Spanish version through
Normative Resolution No 78).
The documentation needed to obtain the visa consists basically of the first four
items mentioned in section 3.3 above, plus a marriage or birth certificate, and
police clearance certificates for anyone who is 18 years of age or older.
Additional documentation may vary depending on the consulate where the
visa application is submitted and so it is advisable always to check at the
Consulate’s website to confirm the list of required documents for each type of
visa.
There are no special preference categories for the purposes of immigration
into Brazil.
6. LAWFUL
6.1 General
For the purposes of immigration to Brazil, dependants are defined as:
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STAY FOR DEPENDANTS
spouses
single children under 21 years of age; or up to 24 years of age, if enrolled
on a graduate or post-graduate course and equal reciprocal treatment is
granted to Brazilians; or of any age if incapable of financially providing for
themselves
ascendants, provided that their actual need for support is proven by the
inviting party
a brother or sister, grandchild or great-grandchild if he or she is an orphan,
single and under 21 years of age; or of any age if incapable of financially
providing for themselves
common-law partners, irrespective of gender.
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Dependants can apply for a family reunion visa, and their visa category will be
the same as that of the main foreign national and for the same period of time.
However, family reunion visas can only be granted for periods of more than six
months. For periods of less than six months, dependants should enter under a
90-day tourist visa, and have it renewed for another 90 days.
Dependants of a holder of a temporary visa are not permitted to work or
receive remuneration from a Brazilian source. Therefore, if they wish to work,
they need to apply for a work visa of their own.
6.2 Procedures
When applying for the work authorisation permit in the name of a foreign
national, the names of the legal dependants should be included in the
application, so that the authorisation for the granting of their visas is sent by
the Ministry of Foreign Relations to the Brazilian Consulate simultaneously
with that of the main foreign national.
equivalent; and (ii) a declaration from two witnesses attesting to the
existence of the common-law partnership; and (iii) at least two of any of
the following documents:
(a)
(b)
(c)
(d)
evidence of dependency issued by the tax authority
a certificate of religious marriage
will or testament provisions that prove the partnership
a life insurance policy, in which one partner appears as the establisher
of the insurance and the other one as the beneficiary
(e) a deed of purchase of real estate, duly registered with the applicable
Property Ownership Registration showing both parties as owners, or a
rental agreement showing both parties as lessees
(f) a joint bank account.
It should be noted that items (b) to (f) must have been issued at least one year
prior to the application.
However, it must be noted that the authorisation from the Ministry of Foreign
Relations is not a pre-condition for the granting of visas to legal dependants,
as a family reunion visa may be applied for directly at the Brazilian Consulate.
There is an exception, however, in relation to a common-law partner, for
whom there is always the need to obtain prior authorisation from the National
Council of Immigration. Such an authorisation can only be obtained after the
main visa holder has entered Brazil, as copies of his or her Brazilian documents
are required for filing the application in the partner’s name.
6.3 Documents
If already included in the main foreign national’s authorisation, dependants
only need to submit:
•
•
copies of the marriage or birth certificate, as the case may be
police clearance certificates for anyone older than 18 years of age. If not,
they also need to prove that the main visa holder has a valid visa for a
period of more than 180 days.
Common-law partners need to prove the existence of their partnership with
the main foreign national, either through:
•
•
an official document recognising the existence of the partnership by a
foreign state, or if there is none,
through (i) a public deed issued by a Brazilian Public Notary or the foreign
66
67
1. INTRODUCTION
71
2. SOURCES OF LAW
72
72
3.1 Visas
3.3 Procedures
3.4 Documents
72
72
73
73
73
5. WORK PERMITS
74
5.1 General
5.1.1 Procedures
5.1.2 Documents
74
74
75
5.2.1 Procedures
5.2.2 Documents
76
76
77
77
6.1 General
6.2 Procedures
6.3 Documents
77
78
78
Canada
Immigration - An International Handbook - CANADA
1. INTRODUCTION
The ‘temporary foreign worker program’ is administered jointly by Citizenship
and Immigration Canada (‘CIC’) and Human Resources Skills Development
Canada (‘HRSDC’) to enable employers to hire foreign workers to fill short
term labour needs. Canada continues to issue work permits to qualified
foreign nationals without placing a cap on the number of work permits issued.
However, commencing on 1 April 2011, there will be changes to the
temporary foreign worker program which will limit the length of time certain
foreign workers can work in Canada.
From that time, assessments will be made by immigration officers of the
‘genuineness’ of an employer’s offer of employment to a foreign national. The
employer will need to establish that they are actively engaged in the business
in respect of which the offer of employment is made, whether the offer is
consistent with the reasonable employment needs of the employer, whether
the terms of the offer are terms that the employer is reasonably able to fulfill
and whether the employer has complied with past employment requirements
when employing foreign nationals. If it is determined that an employer has not
previously complied with the terms in an offer of employment to a foreign
national (such as payment of the wages stated in the previous Labour Market
Opinion from HRSDC, working conditions as stated in offer of employment
and employment in an occupation as stated in the previous LMO), employers
will be ineligible to make LMO applications to HRSDC for a two year period.
In addition, starting on 1 April 2011, foreign nationals who work in Canada
for a cumulative duration of four years, may not be authorised to work in
Canada for a period of at least four years following the initial four years of
work. There is an exemption for foreign nationals who have obtained work
permits pursuant to an international agreement (including NAFTA and GATS).
Temporary Foreign Worker Units of CIC continue to operate in several
provinces, where employers can submit LMO exemption opinion applications
for those work permits which do not require an LMO from HRSDC, and for
work permit exemption opinion applications for those who do not require
work permits for their work in Canada, such as business visitors.
Generally, HRSDC and CIC have been responding to the economic downturn
in Canada since 2008 with tighter controls on the issuance of LMOs and work
permits. The duration of LMOs issued has been limited generally to one year
to ensure that the labour market conditions in Canada can be responded to
efficiently. This has led to a greater number of restrictions on employers and
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the need for employers to make more efforts to hire Canadians and Permanent
Residents before looking to foreign workers. It is more imperative than ever
that employers understand the requirements of CIC and HRSDC, if applicable,
and start the process of obtaining temporary work permits for foreign
nationals well in advance of a proposed start date.
2. SOURCES
OF LAW
The main source of law governing immigration in Canada is the Immigration
and Refugee Protection Act s.c. 2001, c27 (the ‘IRPA’) and the Immigration and
Refugee Protection Regulations (SOR/2002-227).
3. VISITORS
3.3 Procedures
If the foreign worker is from a TRV exempt country, he or she may proceed to
apply for business visitor status at the port of entry. The employer may wish
to obtain a work permit exemption opinion from the Temporary Foreign
Worker Unit to confirm eligibility in advance. In certain circumstances, such as
after-sales service, the foreign national will be issued a visitor record.
If the foreign national is not from a TRV exempt country, an application for a
TRV must be made to a Canadian Consulate in his or her country of residence
or citizenship. There is no separate business visitor visa, rather the applicant
will indicate that the purpose of the visit to Canada is for business on the TRV
application.
3.4 Documents
To facilitate entry as a business visitor, the foreign national should provide the
following documentation in addition to the documents for a TRV, if applicable:
3.1 Visas
All foreign nationals (other than those from a list of temporary resident visa
(‘TRV’) exempt countries, which includes the United States of America and
most member states of the European Union) require a TRV to enter Canada.
A list of the nationalities that require a TRV to enter or transit in Canada is
available on the Citizenship and Immigration Canada website at:
www.cic.gc.ca.
•
Single entry or multiple entry TRVs and transit visas only facilitate entry to
Canada. Therefore, foreign nationals temporarily entering Canada to work,
other than those permitted entry as business visitors and other limited
exceptions, require work permits.
4. WORKERS
The business visitor category is intended to facilitate the entry of persons into
Canada who intend to engage in international business and trade activities.
There must be no intention for these individuals to enter the Canadian labour
market. Examples of individuals who can enter as business visitors include:
those providing after-sales services as part of an original contract for the sale
of equipment, machinery or software to a Canadian entity, supervisors who
are supervising the installation of specialised machinery purchased or leased
outside Canada, trainers to provide familiarisation and training services on the
leased or purchased equipment, intra-organisation trainers and trainees,
individuals attending board of directors meetings and individuals who are
generally entering Canada to attend to international business without
entering the labour market. These individuals generally are entering Canada
for a short term period, usually for a few days or weeks and no longer than a
period of six months.
72
•
a letter from his or her employer, or a letter of invitation from a Canadian
entity stating, in detail, the nature of the business for which the individual
is entering Canada the location and the dates of the meetings
evidence that the business activity is international in scope and that the
individual’s primary source of remuneration and place of business/
employment remains outside of Canada.
In addition to business visitors, there are other categories of workers in Canada
who are permitted to enter without a work permit, such as: foreign
representatives, family members of foreign representatives, military personnel,
foreign government officers, off campus employment for students with valid
study permits, performing artists, athletes and coaches, news reporters, media
crews, public speakers, convention organisers, clergy, judges, referees and
similar officials, examiners and evaluators, expert witnesses or investigators,
health care students doing clerkships or practicums, civil aviation inspectors,
aviation accident or incident inspectors, crew members working on vehicles of
foreign ownership and registry, and emergency service providers.
The procedures for entry are similar to those of the business visitors, as set out
in section 3 above. However, the documentation required is specific to each
particular exemption.
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5. WORK PERMITS
5.1 General
There are generally two types of work permits:
Regular work permit
Terms and conditions are attached, including a limitation on the employer and
the location of the employment. These work permits include those requiring
an LMO and those that are LMO exempt (such as inter-organisation transferees,
under both the North American Free Trade Agreement (NAFTA) and the
General Agreement on Trades and Services (GATS) and those professionals
listed under NAFTA and GATS)
Open work permit
In these, a specific employer or location is not specified.
Most individuals will need to apply for a regular work permit and their
accompanying spouse may then be issued an open work permit. Generally,
with notable exemptions, to obtain an LMO from HRSDC, an employer must
first demonstrate that a Canadian citizen or permanent resident is not
available to fill the position by providing evidence of recruitment efforts. Once
an LMO is obtained, the foreign national may apply for a work permit. A
couple of notable exemptions to the LMO requirement include inter-organisation
transferees and professionals under both the NAFTA and GATS which are
LMO-exempt categories (see subsection 5.2).
Note that to work in Canada, a foreign national must meet the general
requirements for entering Canada, in addition to those for getting a work
permit. This means that foreign nationals who are not from TRV exempt
countries (as discussed in section 3), will need a TRV. However, the applicant
does not need to apply for the TRV separately from the work permit application.
If the work permit is approved, the TRV will be issued at the same time as the
documentation he or she needs for a work permit. Please note that if the
applicant does require a TRV, the initial work permit application must be made
at a Canadian visa office in the foreign national’s country of residence or
citizenship and cannot be made at the port of entry.
5.1.1 Procedures
Where an LMO is required, the employer must submit the application to
HRSDC after first advertising the position in accordance with pre-determined
advertising requirements based on the classification of the occupation.
Evidence of the recruitment process and inability to hire Canadians or
74
Permanent Residents must be included. Once the LMO is obtained by the
employer, the foreign national can file a work permit application.
The LMO is applied for by the employer to the HRSDC office in the province
where the foreign worker will be employed.
The work permit application must be made by the foreign national and,
depending on the category and country of the foreign national, is applied for
either at the port of entry, if eligible, or at a Canadian visa office in the foreign
national's country of residence or citizenship.
Please note that if the foreign national has a criminal record (including a
conviction for driving under the influence of alcohol or drugs), he or she may
be refused entry into Canada for criminal inadmissibility.
5.1.2 Documents
The documentary requirements are set out below:
For an LMO from HRSDC
•
•
•
•
•
•
a foreign worker (LMO) application
proof of advertising (the duration and type of advertising varies with
the skill level of the occupation)
evidence of recruitment efforts (including summary of applications
received and interviews conducted)
in unionised situations - approval from the relevant union
a training plan to train Canadians in future (if applicable)
a job description setting out the qualifications required.
Note that for all LMO applications, HRSDC will call the employer directly to
confirm the details of the LMO application. This is a mandatory component of
the LMO application.
For a work permit (requiring an LMO)
•
•
•
•
•
•
•
a valid LMO
a support letter from the employer
an offer of employment
a resume
evidence of educational degrees
passport sized photographs may be required
depending on the foreign national’s country of residence and/or citizen
ship, police clearance certificates may also be required.
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Note that the visa offices outside of Canada can differ significantly and
therefore applicants should check to see if there are any additional supporting
documents required for applications to a particular visa office. This information
can be found online for the applicable Canadian Visa office outside Canada.
5.2.2 Documents
In addition to the LMO Exemption Opinion application, and depending on the
category of work permit, further documentation will also be required, such as:
•
Please also note that a medical examination may be required, depending on
the foreign national’s country of residence and/or citizenship and history of
residence, and/or the type of employment that he or she will be engaged in
while in Canada. Please consult CIC’s website at www.cic.gc.ca for details.
Processing times for LMOs vary by province and will depend on the volume of
applications being processed by Service Canada. On average, LMOs can take
anywhere from three to ten weeks to process.
Work permit applications processed at visa offices outside of Canada generally
take between 30 and 90 days to process (depending on the country in which
the application is being processed), if medicals are not required. If a medical is
required, an additional delay of three months can result. If the work permit is
being applied for at the port of entry, the work permit may be issued to the
foreign national at the time of the application.
Intra-organisation transferees in executive, senior managerial positions, as well
as individuals with specialised knowledge, whether under international
agreements such as NAFTA, GATs or other treaty agreements, do not require
an LMO to work in Canada. Additionally, under certain international
agreements, certain professionals (generally requiring a bachelor’s degree in
most circumstances) are exempt from the requirement of obtaining an LMO to
work in Canada, as are: traders and investors, individuals that qualify under
reciprocal employment agreements, youth exchange programmes, spouses of
skilled workers, classes designated by the Minister of Immigration, which
includes research, educational and training programmes, post-doctoral fellows
and award recipients.
5.2.1 Procedures
If the foreign national is a national of a TRV exempt country, an application for
an LMO exemption opinion can be applied for at a Temporary Foreign Worker
Unit of CIC. These applications are submitted to the Temporary Foreign
Worker Unit of CIC located in the province the work is to be conducted by
foreign national. The processing times for these applications vary between
Temporary Foreign Worker Units and depend on case loads, but generally
require at least ten business days to process.
76
•
•
•
•
•
•
•
a letter from the foreign national’s existing employer confirming his or her
current employment
a letter from the foreign national’s Canadian employer confirming work to
be conducted in Canada
documentation showing the intra-organisation relationship
local business, licenses and evidence of legal entity such as incorporation
documents for Canadian employer
the foreign national’s resume
the foreign national’s educational certificates
the job offer from the Canadian employer
copies of passports.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Spouses and children may accompany foreign workers to Canada as visitors
and obtain valid status for the duration of the foreign national’s (i.e. the work
permit holder’s) status. Spouses and common-law partners (‘spouse’) of
foreign nationals on valid work permits may be eligible for a spousal work
permit. Qualification for a spousal work permit depends on the foreign
national’s job classification. If his or her job classification is what is referred to
as an ‘O’, ‘A’ or ‘B’ level (‘skilled level’), the spouse may be issued an open
work permit that allows the spouse to work for the employer of their choice.
The spousal work permit will be valid for the same duration as the foreign
national’s work permit, provided the spouse’s passport is valid for the entirety
of this period. This is of course contingent on providing proof of relationship,
such as a copy of the marriage certificate.
There is some inconsistency in the processing of spousal work permits; some
Canada Border Service Agency Officers will issue a work permit to the spouse
at the same time as the foreign national’s work permit is issued. Other officers
will initially provide a spouse with visitor status and advise him or her to apply
inland for a change of terms and conditions to obtain a spousal work permit.
Additionally, children of the foreign national are also entitled to stay in Canada
as visitors. Dependent children are not required to have study permits to
attend primary or secondary school, however, in some cases, the schools may
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require that the child obtain a study permit or their own visitor record for
enrollment. Dependent children may be the principal foreign national’s own
children or those of the spouse.
Children generally accompany the foreign national or the spouse when
entering Canada and are issued visitor records or listed as dependants on the
foreign national’s work permit or the spouse’s permit. In order to be issued
visitor status, proof must be provided of the relationship to the foreign
national, which is done by a long form birth certificate showing the foreign
national as a parent. In addition, a copy of the parent’s work permit needs to
be provided.
6.2 Procedures
The spouse’s permit (whether visitor record or open work permit) and the
dependant children’s visitor record or study permits can be applied for at the
same time as the principal applicant in one application. If the applicants are
from TRV exempt countries and the foreign national, the spouse and dependent
children attend at the port of entry together, the dependants’ permits will be
processed at the same time as the foreign national’s work permit. Marriage
certificates and birth certificates will be required.
6.3 Documents
If the application is submitted outside of Canada at a visa office, the supporting
documents required are proof of relationship (i.e. marriage certificates and
birth certificates). Spouses and dependent children may also need to provide
photos, police clearance certificates (for spouse) and medical exams (please
consult the requirements of the relevant visa office abroad for a list of the
required supporting documentation).
If the spouse and dependent children come to Canada separately and at a later
date than the foreign national, they can simply apply at the port of entry if
they are from TRV exempt countries with a copy of the foreign national’s work
permit and marriage/birth certificates. For those who are not from TRV
exempt countries, applications will need to be submitted to a Canadian Visa
office. Please consult the local visa office for a list of the supporting document
they require.
78
1. INTRODUCTION
83
2. SOURCES OF LAW
83
83
3.1 Visas
3.3 Procedures
3.4 Documents
83
83
84
85
85
5. WORK PERMITS
85
5.1 General
5.1.1 Procedures
5.1.2 Documents
85
86
86
5.2.1 Procedures
5.2.2 Documents
86
86
86
86
6.1 General
6.2 Procedures
6.3 Documents
86
87
87
Chile
Immigration - An International Handbook - CHILE
1. INTRODUCTION
An employer in Chile is prohibited from employing foreign nationals without
first having obtained the necessary permission to do so. Various types of
permission are applicable in Chile, depending on the circumstances.
2. SOURCES
OF LAW
•
•
Decree law no 1,094 of 1975 contains regulations regarding entry into
Chile, residence, permanent residence, exit, re-entry, deportation and the
control of foreign nationals
Decree no 597 of 1984 contains regulations relations to foreign nationals.
3. VISITORS
3.1 Visas
Every foreign national requires permission, or a visa, to enter, stay and work in
Chile.
Depending on the reason and intended duration of the stay, different types of
visa are available, as follows:
•
•
•
•
•
tourist visas
visas subject to contract
temporary visas
student visas
permanent residence visas.
For the purposes of working in Chile, the most common visas are temporary
and are subject to contract.
A tourist visa is granted for the purposes of recreation, sports, health, studies,
business management, visiting family and religious or similar activities.
A tourist visa does not permit immigration, residence or the development of
remunerated activities. Nevertheless, if a foreign national intends to work for
a limited period of time, he or she can request authorisation to work for a
period of no more than 30 days. This period can be extended for further
periods of 30 days until the termination of the tourist visa.
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A visa subject to contract is given to a foreign national who travels to Chile to
fulfill his or her employment contract. A visa subject to contract can remain
valid for a period of up to two years and can be extended for further periods
of up to two years. Termination of the contract that served as the basis for this
visa type, brings about the visa’s immediate expiration.
3.4 Documents
To apply for a work permit, the foreign national will generally need:
•
•
A temporary visa is given to a foreign national who travels to Chile to perform
an activity without an employment contract. This permission is granted,
among others, to those foreign nationals who are business persons, investors,
professionals, technicians and those whose aim is to settle in Chile, provided
they can certify having family links or interests in the country and that their
residence is deemed useful or advantageous to Chile. This visa type has a
maximum validity period of one year and can be extended only once, for a
further year.
A student visa is granted to any foreign national who travels to Chile to study
in a public or private establishment that is recognised by the government of
Chile. This visa type has a maximum validity of one year and may be renewed
for similar successive periods.
Permanent residence is granted to foreign nationals who wish to reside in
Chile for an indefinite period of time and undertake any type of activity,
without any further limitations than those established in the legal and
regulatory provisions. Whether this permit is granted is a decision for Ministry
of the Interior.
3.3 Procedures
An application form for a work permit can be obtained from:
•
•
•
the Chilean Consulate in the country of residence of the foreign national
who requests the visa
the Department of Foreign Affairs in Santiago
the local authorities in each region.
Regarding the timeframe for receiving either a subject to contract or a
temporary visa, this depends on where the application is filed. The granting of
these visas in the country of residence of the foreign national is much quicker
(approximately one month), but the length of time will depend on the individual
Consulate. If the visa is requested once the foreign national has already arrived
in Chile, it can take approximately three or four months. However, the foreign
national can request permission to work while the visa application is being
processed.
84
•
•
•
•
an application form for a visa subject to contract or a temporary visa.
This document is provided by the Chilean authority
a photocopy of the applicant’s current passport (including the
identification sheet, number and date when granted and date of its
expiration, but excluding the page with the seal or stamp of last entry into
Chile)
a photocopy of his or her current tourist document
three recent colour photographs (3x2cms), with the applicant’s full name
and passport number
a copy of the employment contract, which has been legalised by a public
notary in the case of a visa subject to contract. In accordance with Article
37 of Decree Law no 597, the employment contract that serves as a basis
for a request for this type of visa should contain specific clauses (i.e. an
effectiveness clause, a travel clause, a clause relating to the social security
regime and an income tax clause)
the application submission fee.
To apply for a work permit with a tourist visa, a foreign national must provide:
•
•
•
a photocopy of the his or her current passport
a photocopy of a valid tourist document
his or her employment contract, which has been legalised before a public
notary.
Further details and an up-to-date list of documents can be found on the official
website of the Department for Foreign Affairs at www.extranjeria.gov.cl.
4. WORKERS
A foreign national can only perform work in Chile if he or she has a work
permit. There are no exceptions to this requirement.
5. WORK PERMITS
5.1 General
As already mentioned, a visa subject to contract, a temporary visa and a
permanent residence visa will permit a foreign national to work in Chile. In
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addition, the Chilean authority can permit a foreign national to work while his or
visa is being processed. The visa process takes approximately 30 days from the
date of application.
A foreign national who intends to work for a limited period of time, can request
authorisation to work with a tourist visa for a period of no more than 30 days,
which can be extended for further periods of 30 days, until the expiry of the
tourist visa.
5.1.1 Procedures
Generally, there are no special rules, permits or visas for those foreign nationals
who fall within the special preference categories (e.g. inter-company transferees
or high demand professionals). In these cases the permits required are the
same as those already discussed (please see section 3.1 above).
However, within the framework of free trade agreements subscribed in Chile,
there is a special chapter regarding the entry of foreign nationals which
facilitates the granting of residence permits for nationals of Argentina, Mexico
and Canada, amongst others. For more information, please see
http://www.extranjeria.gov.cl.
5.1.2 Documents
Please see section 3.4.
There are no special preference categories.
6.2 Procedures
Permits for dependants, as well as the visa types mentioned above, can be
obtained from the Chilean Consulate, Department for Foreign Affairs or local
authorities in the various regions of the country.
A visa for dependants does not authorise them to carry out remunerated
activities in Chile.
6.3 Documents
A dependant must present the following documents when applying for a visa:
•
•
•
•
in relation to a spouse: his or her original marriage certificate or a copy that
has been authorised by a public notary
in relation to a child: his or her original birth certificate, in which the names
of his or her parents are indicated, or a copy that has been authorised by
a public notary
in relation to the parents of the main visa holder: the original birth
certificate of the main visa holder, in which the names of his or her parents
are indicated, or a copy that has been authorised by a public notary
a sworn declaration by the main visa holder of his or her finances, in which
he or she assumes the cost of maintaining his or her dependant(s) in Chile.
The original must be signed before a public notary.
The document to prove the relationship between the main visa holder and his
or her dependant(s) must be legalised by the Chilean Consulate of his or her
country of origin and translated and legalised by the Department for Foreign
Affairs. If the document is written in English, French, Italian or Portuguese, no
translation is necessary.
5.2.1 Procedures
Not applicable.
5.2.2 Documents
Not applicable.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
A ‘dependant’ is a family member of a foreign national who lives with him or
her and is understood to be his or her spouse, parent or child.
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87
1. INTRODUCTION
91
2. SOURCES OF LAW
92
94
3.1 Visas
3.3 Procedures
3.4 Documents
94
96
96
97
98
4.1 General
98
5. WORK PERMITS
99
5.1 General
5.1.1 Procedures
5.1.2 Documents
99
100
101
5.2.1 Procedures
5.2.2 Documents
102
103
103
105
6.1 General
6.2 Procedures
6.3 Documents
105
105
105
Colombia
Immigration - An International Handbook - COLOMBIA
1. INTRODUCTION
Colombia operates under civil law based on codes, laws, and statutes. Foreign
nationals who enter the country must observe immigration law and
regulations that govern the relationship between the government and the
foreign national.
Since July of 2009, we have seen new trends emerge with the passing into law
of Decree 2622 of 13 July 2009 and Resolution 4700 of 25 November 2009
(both of which build on the framework set out in Decree 4000 of 2004). Both
pieces of legislation established visa categories and the corresponding
requirements necessary for entry into Colombia. Resolution 4700 set out the
necessary requirements needed to qualify for each type of visa created by
Decree 4000 of 2004, as amended by Decree 2622 of 2009.
These two decrees are part of a key development in Colombian immigration
law, and represent a trend towards greater flexibility in immigration policy with
a view to encouraging more investment, as well as more inflow of human
capital and expertise.
Business visa (‘Visa de Negocios’) holders may now remain in Colombia for up
to one year. Previously, they were limited to stays of up to six months. A
dependant business visa allows business visa holders to bring family members
with them as dependants, provided they submit (together with their own
application) an application on the family member’s behalf. Previously, business
visa holders were not allowed to sponsor family members for entry as
dependants. Because of the new legislation, business visa holders may now
submit a work authorisation application directly to the Colombian Ministry for
Foreign Affairs in Bogotá prior to the expiration of their visas without the need
to travel abroad.
These new amendments now allow foreign nationals to apply for temporary
visas, not only in a consular office in their country of origin, but also at the
Ministry for Foreign Affairs in Bogotá. The following foreign nationals are
eligible to apply for a temporary visa: the spouse or permanent partner of
Colombian nationals; students; refugees; special temporary individuals seeking
medical treatment; pensioners; landlords; those seeking to adopt; and those
seeking to work on a self-employed basis or in another specialist area not
foreseen by the regulations. A visa granted to a spouse or permanent partner
of a Colombian national has increased in duration from two to three
consecutive years. This makes it easier to apply for a qualified resident visa.
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Investor visa holders who reside in Colombia for three consecutive years are
now eligible for a qualified resident visa. This visa confers the right to reside in
Colombia indefinitely, provided the foreign national does not leave the
country for more than two consecutive years. Qualified resident visa applications
must be submitted to the Colombian immigration authorities at least 30 days
prior to the expiry of the investor visa.
A foreign national who is legally able to work as a dependant of a person
holding a qualified resident visa, can now apply for a qualified resident visa as
long as he or she can demonstrate an independent source of income and
prove that he or she has lived in the country for at least five consecutive years.
By contrast, the conditions for investors to obtain a visa have tightened. The
new requirements for those wishing to obtain an investor visa seem to run
counter to the effort to open up immigration. The new legislation increases
the amount of investment required to obtain an investor visa by introducing
the new category of special temporary visa. A special temporary visa is for
those who have invested significant sums, but not enough to qualify for an
investor visa. Resolution 4700 allows the partner or owner of any commercial
establishment or organisation to obtain a special temporary visa if he or she
holds non-property investments equal to or more than USD 25, 000. To obtain
a full investor visa, the amount of non-property investment required rises to
USD 100,000. However, for real estate investments, the amount required for
a special temporary visa is at least USD 100,000 and obtaining an investor visa
raises this to USD 200,000. For both visa types, foreign nationals must submit
a certificate issued by the Central Bank (‘Banco de la República’), which shows
the proper registration of the investment. Foreign nationals must also submit
the appropriate conveyance and clearance certificates for deeds to the
property, which are granted by the Public Instruments Registry Office. These
rules have been implemented to prevent abuse of the investor visa, which in
the past has been used as an easy route to obtaining a resident visa. These
changes ensure that these increasingly liberal immigration laws are not taken
advantage of and abused and also guarantee that foreign holders of investor
visas really are business persons wishing to develop new opportunities in
Colombia or wishing to establish a permanent residence in the country.
2. SOURCES
OF LAW
Key Colombian immigration legislation includes the following:
•
Decree 4000 of 30 November 2004, which regulates the different
categories of visas and work permits that foreign nationals must obtain to
work in or enter into Colombia.
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•
•
•
•
•
Decree 2622 of 13 July 2009, which partially modified Decree 4000 of
2004. This amendment demonstrated the clear intention of lawmakers to
make entry into and permanent residence in Colombia easier and more
flexible, thus represents a significant improvement for certain categories of
foreign nationals. The most important changes focused on making
immigration easier for foreign nationals who are on business visits and
changing immigration regulations in response to commitments arising
from free trade treatises, agreements of association, and other international
commitments to which Colombia is a party.
Resolution 4700 of 2009, which sets out the requirements to qualify for
each category of visa, as established in Decree 4000 of 2004, as amended.
Foreign nationals applying for a visa must now meet the conditions
described in this new resolution, which replaces the visa requirements set
out in Resolution 225 of 2005.
Law 1429 of 2010; article 63 of this law abolished article 74 of Law 141
of 1961 (the Labour Code), Resolution 154 of 2001 and Resolution 977 of
2009, which established the principles governing employment of foreign
nationals. Upon employing a foreign national, Colombian immigration law
previously required the Ministry for Social Protection to issue a ‘Certificate
of Proportionality’, proving that the organisation did not violate the foreign
versus national employee ratio, as set out in the Colombian Labour Code.
However, on 29 December 2010 a modification was passed to the effect
that a Certificate of Proportionality will no longer be required. The
Government made this change in order to provide greater flexibility and
efficiency in immigration procedures.
Law 43 of 1993 regulates the acquisition and renunciation, as well as the
loss and recovery of Colombian nationality. It does this by expanding on
the principles set out in Article 96 of the National Political Constitution of
1991, which defines and describes the basic aspects of Colombian
nationality.
Laws 842 of 2003, 51 of 1986, and 60 of 1981, among others, relate to
specially regulated professions. In Colombia, foreign nationals must
comply with specific rules regulating their individual professions. In strictly
regulated areas, foreign nationals need to obtain approval from the
Professional Councils responsible for regulating their respective
professions. This is achieved through certificates, issued by the Professional
Council, that validate the workers’ qualifications. The Professional Council
verifies the specific role the foreign professional will carry out as part of his
or her work in Colombia and certifies his or her ability to carry out this role.
A further professional qualification may be needed in order to have an
existing degree validated by the Ministry for Education – and this can then
be certified by the Professional Council for work. Alternatively, depending
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•
•
on the profession, foreign nationals may have their degree validated with
out the need for further qualifications obtained in Colombia or they may
be given a temporary licence to prove that they are sufficiently skilled to do
their job to a suitable standard.
International Immigration Agreements, which include Colombia’s
agreement with its Andean neighbours (‘Comunidad Andina’), Merco Sur,
and Colombia’s treaty with Chile. All contain terms relating to immigration.
To comply with these commitments, the Colombian Security Services
Agency (DAS) has made special provisions to allow foreign nationals from
the Comunidad Andina and Mercosur to enter Colombia for tourism
purposes with their national identity documents and with no need of a
passport.The Immigration Division of DAS is the entity responsible for
registration and control of the entry, stay and departure of foreign
nationals in Colombia. It is also responsible for border inspections. The
DAS’s Immigration Division also processes many documents for the
Colombian government including entry permits, registration documents of
the foreign nationals, foreign identification documents, and documents
related to migratory movements and police records, along with certificates
of safe-conduct.
The Political Constitution of Colombia of 1991 (Articles 96 to 102 of the
Colombian Constitution) outline the principal conditions for inhabitants
and define the extent of the Colombian territory. These include an
explanation of the principles of citizenship and matters relating to foreign
nationals and national boundaries.
3. VISITORS
3.1 Visas
A visa is an authorisation given to a foreign national who needs to enter and
stay in a country. In Colombia, it is granted either directly by the Ministry for
Foreign Affairs or indirectly through a Colombian Consulate abroad.
In Colombia there are six types of visa (courtesy, business, crew member,
temporary, resident and visitor), some of which are divided into sub-categories.
The classes and categories of visas have criteria that vary depending on the
circumstances surrounding the visit. Such criteria include, amongst others, the
purpose of the foreign national’s visit, the frequency and duration of his or her
travel, his or her occupation, kinship with Colombian nationals and initial
capital destined for the business and investment.
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The following is a complete list of the various types of visa:
•
•
•
•
•
•
•
courtesy visa
business visa
crew member visa
temporary visa:
- temporary spouse or permanent companion of Colombian national
visa
- temporary special visa
- temporary student visa
- temporary work visa
- temporary religious visa
- temporary refugee visa
resident visa:
- investor resident visa
- qualified resident visa
- resident visa for the relative of a Colombian national
visitor visa
- temporary tourist visa
- temporary visitor visa
- temporary technical visa
entry permit
- temporary tourist entry permit
- temporary visitor entry permit
- temporary technical entry permit
To apply for any of the visas listed above, a foreign national must submit, in
addition to general travel documents, the particular documents required for
each kind of visa. It is important to bear in mind that all the documents issued
abroad in languages other than Spanish must be translated into Spanish.
These translations must be made by an official translator certified by the
Ministry for Foreign Affairs of Colombia or by the Foreign Office in the
country from which the document originates. Public documents must also be
apostilled or legalised by the Colombian Consulate or a public notary in their
country of issue.
Regarding business visas, foreign visitors for business purposes may apply for
a business visa if they are legal representatives, directors or executives of a
foreign industrial, commercial or services organisation that has an economic
relationship with a foreign or national organisation in Colombia. In order to
decide if a business visa is the appropriate authorisation for a foreign visitor for
business purposes, it is also important to analyse the frequency and the
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duration of travel. A business visa is also granted to a foreign national who can
demonstrate his or her status as an accredited merchant, industrialist, or
businessperson wishing to enter the country in order to develop new business
or explore new opportunities and markets.
As a business visa holder, a foreign national may carry out assorted business
activities, for example, attending board of directors meetings, executing
contracts and establishing new business contacts. Possession of a business
visa does not, however, allow the holder to establish permanent residence in
Colombia and he or she will not be entitled to receive a salary or fee of any
kind while in Colombia.
3.3 Procedures
The timeframe for completing the whole application process for a business visa
has been estimated at around 20 business days. This estimate includes the
time necessary for the relevant documents to be signed by the legal
representative of the Colombian organisation in question. However, the
specific time to process the application after all the necessary documents have
been gathered, depends on where the application is made. If it is made at a
Colombian Consulate abroad, a foreign national must then schedule an
interview with the Consulate, the timeframe for which varies from Consulate
to Consulate. After the interview, the Consulate must respond within seven
days. If the interview is successful, the visa will normally take approximately
three to seven working days to be granted. Non-restricted nationals may apply
for a business visa at the Ministry for Foreign Affairs in Bogotá. This process
usually takes one day. It is typical for a non-restricted national to enter
Colombia with a temporary tourist or visitor entry permit and either apply
independently, or sign a power of attorney that allows a Colombian law firm
to apply for a business visa on his or her behalf.
A foreign national who holds or applies for a business visa may also request
visas for family members at the Ministry for Foreign Affairs of Colombia, or
through Colombian Consulates abroad. Moreover, if business visa holders wish
to get a job while in Colombia, they are permitted to apply for a temporary
work visa at the Ministry for Foreign Affairs in Colombia. A business visa may
be granted for up to four years, with multiple entries, allowing a maximum
length of stay of one year per entrance. If a foreign national stays in the
country beyond the authorised period of stay, his or her visa will be rendered
invalid.
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3.4 Documents
To apply for any Colombian visa type, a foreign national must submit, in
addition to his or her general travel documents, the particular documents
required for each kind of visa. The following documents must be presented by
any person who applies for a Colombian visa, regardless of the type of visa:
•
•
•
•
a valid passport and a copy thereof. The passport must be valid for at least
three months
an application form duly signed
two colour photos with a light background (3 x3cms)
the particular documents required for the specific type of visa.
Specifically in relation to a business visa, a foreign national must submit the
following documents:
•
•
•
•
a letter signed by the authorised legal representative of the foreign
organisation that supports him or her, in which the activity that he or she
will carry out in Colombia is clearly determined. This letter is a means for
the organisation to introduce its employee and explain the activity to be
developed by him or her while in Colombia. The organisation must assume
financial responsibility for the travel expenses of the foreign national to his
or her country of origin; or
a letter signed by the foreign national in which the reasons for the
application are explained, as well as bank certifications that show his or her
financial ability to conduct business in Colombia. In essence, it is a letter
from a self-employed foreign national introducing himself or herself and
explaining the incentives and purpose of his or her visa request. He or she
must submit proof of financial capacity to do business in Colombia; or
a letter from the Colombian organsation (private or public entity) inviting
the foreign national and stating that they are responsible for him or her
during his or her stay in Colombia. It must be signed by the authorised
legal representative of the Colombian organisation that promotes the
foreign national’s visit and the organisation must confirm that they assume
responsibility for the foreign national during his or her stay in Colombia
an incorporation certificate (‘Certificado de Existencia y Representación
Legal’) of the Colombian organisation or a certificate of incorporation and
legal representation of the foreign national’s organisation, issued no more
than three months prior to the submission of the visa application.
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4. WORKERS
4.1 General
Please note that the following categories of entry permits do not allow the
foreign national to work in Colombia, only to develop business activities, etc.
Temporary Entry Permits
In accordance with Colombian immigration legislation, citizens of more than
80 countries are called ‘non-restricted nationality foreigners’. Foreign
nationals with nationalities not included in the list of non-restricted nationality
countries must request a visitor visa from the Colombian Consulate abroad in
order to enter Colombia. Article 1 of Resolution 5707, issued by the Ministry
for Foreign Affairs on 5 November 2008, establishes that nationals of the
following countries do not require a visa to enter and remain temporarily in
Colombia, if they are a tourist visitor, a temporary visitor or a technical visitor:
Andorra, Antigua and Barbuda, Argentina, Australia, Austria, the Bahamas,
Barbados, Belgium, Belize, Bolivia, Brazil, Brunei-Darussalam, Bhutan, Canada,
Chile, Cyprus, Costa Rica, Croatia, Denmark, Dominica, Ecuador, El Salvador,
Germany, Estonia, Fiji, Finland, France, Grenada, Greece, Guatemala, Guyana,
Honduras, Hong Kong (SARG-China), Hungary, Indonesia, Ireland, Iceland,
Israel, Italy, Jamaica, Japan, Latvia, Liechtenstein, Lithuania, Luxemburg,
Malaysia, Malta, Marshall Islands, Mexico, Micronesia, Monaco, Norway,
New Zealand, the Netherlands, Palau, Panama, Papua New Guinea, Paraguay,
Peru, the Philippines, Poland, Portugal, , the Czech Republic, the Dominican
Republic, Romania, Saint Kitts and Nevis, Samoa, San Marino, Saint Lucia,
Saint Vincent and the Grenadines, Singapore, Slovakia, Slovenia, Spain,
Solomon Islands, South Africa, South Korea, Sweden, Switzerland, Suriname,
Trinidad and Tobago, Turkey, the United Arab Emirates, the United Kingdom of
Great Britain and Northern Ireland, the United States of America, Uruguay,
Vatican City and Venezuela.
Additionally, Resolution 0928 of March 2009 establishes that citizens of
Russian nationality who wish to enter Colombia do not require a visa.
Citizens of the countries listed above are not required to carry out any prior
correspondence with the Colombian authorities abroad in order to enter
Colombia, as long as the purpose of their trip is the same as the description of
the visa categories: tourist visitor, temporary visitor or technical visitor. In
accordance with Colombian immigration legislation, after arrival at the airport
in Colombia officers from DAS will grant the foreign national a certain term of
stay, taking into account the activities to be carried out and the duration of the
stay in Colombia. The following entry permits are issued to visitors:
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Tourist visitor entry permit
This permit is granted to a foreign national wishing to carry out tourist
activities for a period of 90 continuous days within the same year. At the
airport, DAS officers will stamp his or her passport and record the length of
time that he or she informs the DAS officer that he or she will remain in
Colombia.
Temporary visitor entry permit
This permit is granted to a foreign national wishing to enter Colombia for a
maximum period of 180 days within the same year, through multiple entries.
At the airport, DAS officers will stamp his or her passport and record the
length of time that he or she will be permitted to remain in Colombia. Usually,
such a permit is granted for only 45 days and a foreign national must
personally obtain an extension from DAS prior to the expiration date. A
foreign national granted with this permit may undertake reporting or business
activities; participate in academic activities such as seminars, exhibitions and
courses not exceeding six months in length; be interviewed in a personnel
selection process; receive medical treatment; and participate in non-remunerated
sporting, scientific or cultural events.
Technical entry permit
Individuals who wish to perform technical activities on an urgent basis may do
so for up to 45 days by obtaining either a technical entry visa or a technical
entry permit, depending on whether they are considered as restricted
nationals or not. Under the new rules, foreign nationals who are considered
exempt from obtaining a visa (‘unrestricted nationals’) and who have obtained
a technical entry permit, may remain beyond the initial 45-day period, if they
submit an application for a technical visa to the immigration authorities in
Colombia prior to the expiration of the initial 45-day period. Technical visas are
granted at the sole discretion of the Colombian immigration authorities.
However, those for whom it is mandatory to obtain a visa in order to enter
Colombia (‘restricted nationals’) and who wish to perform technical activities
on an urgent basis must obtain a technical visa from a Colombian Consulate
abroad prior to entry and they are limited to a stay of up to 45 days with no
possibility of an extension.
5. WORK PERMITS
5.1 General
There are several variations of temporary visa, but the most prevalent type
found in Colombian immigration cases is the temporary work visa. This visa
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allows foreign nationals to work and receive income in Colombia for a
particular job in a specific organisation. This visa is adequate for foreign
nationals of countries, whether they are restricted or not, who will visit
Colombia to perform any kind of activity related to work, even if they will not
receive an income in Colombia.
Temporary work visas are granted for a maximum duration of two years and
may be renewed and remain valid for a further two years. They expire if the
holder leaves Colombia for more than 180 continuous days. In order to renew
a temporary work visa, an application must be filed with the Ministry for
Foreign Affairs of Colombia. This visa type is granted to foreign nationals who:
•
•
•
•
•
•
•
are engaged by a private or public institution or organisation to perform
services, or who work within their specialist or professional field
intend to enter Colombia on a temporary basis by virtue of an academic
agreement
are journalists or news agents employed by a news organisation
are directors, technicians or managers of foreign public or private,
commercial or industrial entities, posted to Colombia to perform specific
jobs within their organisations
render their services to organisations domiciled in Colombia, without being
engaged by an organisation domiciled in Colombia
are expatriates hired and paid by an artistic, sports or cultural group
are volunteers or missionaries, who are not part of the hierarchy of a
church, religious denomination, federation, confederation, or association
of religious ministers.
5.1.1 Procedures
In order to obtain a temporary work visa, a foreign national must have a
Colombian sponsor organisation. This organisation is required to sign,
amongst other documents, a commitment note whereby it accepts to pay the
expenses of repatriating the foreign national and his or her family to their
country of origin in cases of deportation or any situation where such
expenses are necessary. Moreover, in accordance with Laws 842 of 2003, 51
of 1986, and 60 of 1981, it may also be necessary to include in the visa
application a certificate proving the foreign national’s experience in or suitability
for the position he or she will be holding. This is especially true if applying for
a position in one of Colombia’s regulated professions. In such cases, a foreign
national will need to apply for either a temporary professional permit or a
permanent professional ID card. In order to obtain such accreditation, a
foreign national will be required to submit his or her educational or professional
qualifications to the bodies that regulate the professions or to the Ministry for
Education.
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Article 63 of Law 1429 passed on 29 December 2010, abolished article 74 of the
Labour Code which established different principles regarding foreign national
employees. For instance, under the provision set out in Article 74 of the Labour
Code, an employer who has more than ten employees must hire no less than
90% of its workforce as regular Colombian employees, while no less than
80% of the qualified, specialised or directors and management of a
Colombian organisation must come from Colombia. Therefore, depending on
the kind of job (regular, qualified, specialised or director and managerial),
Colombian legislation allowed just 20% of the employees in an organisation
established in Colombia to be foreign nationals. As a consequence, Colombian
immigration law required a certificate to be issued by the Ministry for Social
Protection within three months of the submission of the proportionality
request, showing that by contracting with the foreign national, the
organisation was not violating the relevant ratio. Since 29 December 2010, the
proportionality request and certificate are no longer required.
The timeframe for obtaining a work visa approval has been estimated at
between 30 and 45 business days. However, it is important to note that in
order to file a work visa application, assorted documents are needed and these
take at least 20 business days to process. The timeframe for approval is counted
from the date that the petitions are submitted to the relevant governmental
departments. This can only occur after all the other necessary documentation,
duly signed by the legal representative of the Colombian organisation in
question, has been obtained.
The visa takes a minimum of three working days to be approved but the
maximum term, depending on the nationality and the type of visa being
applied for, is estimated at six business days.
5.1.2 Documents
When applying for this kind of visa, in addition to the general requirements
mentioned above in section 3, a foreign national will need to present the
•
a form entitled ‘Review of the contract’, duly signed by the legal
representative of the organisation established in Colombia and by the
foreign national. It contains a description of the foreign national’s
employment contract, with a provision whereby the organisation accepts
to pay the expenses of repatriating the foreign national and his or her
family back to his or her country of origin or of last residence. The
signatures must be legalised before the Colombian Consulate or before a
Public Notary in Colombia
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•
•
a certificate of good standing (incorporation certificate) and incumbency
of the organisation, issued within the previous three months
a legalised copy of his or her professional diploma, or a certificate proving
his or her experience or suitability, or a professional card, or licence for
engaging in his or her profession.
Legislation relating to certain professions is regulated in Colombia. Foreign
nationals must comply with the requirements relating to their professions.
Foreign nationals who are professionals in areas which are strictly regulated in
Colombia need to obtain certification from the Professional Councils that
regulate their professions. This certification regarding the position that will be
developed by the professional foreign national in Colombia, concludes
whether a certain professional title is sufficient to demonstrate the foreign
national’s professional capabilities, or if a temporary licence or a degree
validation to perform the profession in Colombia is needed.
Employment legislation relating to regulated professions falls under the
jurisdiction of each Professional Council. There are some Professional Councils
that grant temporary licences to foreign nationals to allow them to practise
their professions for a temporary period. Such licences are usually granted for
approximately one year and can be renewed for the same length of time
again. This is usually necessary for foreign nationals who do not wish to
establish permanent residence in Colombia.
One of the most regulated professions in Colombia is engineering, which has
different entities that regulate it. The most important entities are: ‘COPNIA’
(Professional National Council of Engineering) (which supervises all the branches
of engineering, except the ones under a special jurisdiction) and the
Professional Council of the ‘ACIEM’ (Association of Mechanical, Electrical,
Nuclear, Metallurgical and Aerospace Engineers). The other branches of
engineering that have specialised Councils are: ocean engineering; chemical
engineering; mining and petroleum engineering; agricultural, environmental
health and sanitary engineering; transportation engineering; fishing engineering;
geology, geography and topography; architecture and related fields;
electricians, system and electromechanical technicians and related professions;
and industrial technicians.
validation resolution, a foreign national must attend the specific Professional
Council in order to obtain a professional card. There are some professions that
require the validation of some subjects, or charitable activities in Colombia.
5.2.1 Procedures
COPNIA supervises all branches of engineering, except the ones that have a
special jurisdiction. This special Council grants temporary permits for foreign
nationals who wish to work while in Colombia. This special permit is granted
for a period of two years and can be renewed once. If the permit expires and
the foreign national wishes to work in Colombia, he or she must validate his
or her professional diploma and apply for a permanent professional ID card.
The ACIEM Professional Council has special jurisdiction to regulate specialised
engineering fields, including mechanical, electrical, nuclear, aerospace and
metallurgical engineering. This Council grants temporary permits for one year
that can be renewed once for one more year. If this permit expires and the
foreign national wishes to work in Colombia, he or she must validate his or her
professional diploma and apply for a permanent professional ID card.
5.2.2 Documents
COPNIA
Below is a list of the documentation that is required in order to obtain a
special temporary permit for working in Colombia. This is granted by COPNIA
when the role is in engineering but is different than the roles covered by the
ACIEM special permit. This special permit is granted for a period of two years
and it is possible to renew it once. The following documents must be submitted:
•
•
•
•
•
•
•
When a foreign national is a professional in another area such as the economy,
law, medicine or business administration, he or she needs to validate his or her
professional degree before the Ministry for National Education. This procedure
takes on average six months to be completed and after obtaining the
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•
an original diploma, duly apostilled
an original and a copy of the foreign national’s employment contract
an incorporation certificate of the organisation, issued within the three
months prior to the application
a copy of the biographical page of the foreign national’s passport
a legalised copy of the foreign national’s professional diploma
a letter from the organisation, requesting the special permit and arguing
the need for the foreign national in Colombia. The letter should state the
job title and provide a job description in as much detail as possible
an application duly signed by the relevant foreign national applying for the
visa
evidence of a bank deposit under the name of COPNIA, in order to pay for
the special permit.
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ACIEM
Below is the documentation required in order to obtain a special temporary
permit for performing any of the engineering roles described above:
•
•
•
•
•
•
•
•
•
•
•
•
an original diploma duly apostilled
an original and a copy of the foreign national’s employment contract
an incorporation certificate of the organisation, issued within the three
months prior to the application
a copy of the biographical page of the foreign national’s passport
the foreign national’s curriculum vitae
a letter from the organisation requesting a special permit and arguing the
need for the foreign national in Colombia. It should state the foreign
national’s position and give a job description in as much detail as possible
an application form duly signed by the relevant foreign national applying
for the visa
a legalised copy of the foreign national’s professional diploma
a letter from the organisation certifying that it does not violate the ratio
of national versus foreign engineers (20%) as provided by the Colombian
51/1986 Rule
a list of all the Colombian and foreign national engineers that are working
for the organisation (providing their names, job titles, nationalities,
identification numbers and professions)
a commitment note whereby the foreign national informs the Colombian
engineers about the activities that he or she is going to perform
evidence of a bank deposit under the name of ACIEM, in order to pay for
the special permit.
Permit for geologists
The profession of geologist is regulated in Colombia. A foreign national who
intends to enter the country to perform his or her profession as a geologist is
required to request a special permit. This special permit is granted for a
maximum period of two years. The documents that must be submitted are:
•
•
•
•
•
•
•
•
the original diploma, duly apostilled
an original of his or her academic certificate, duly apostilled
a copy of the biographical page of the passport
a curriculum vitae
two photographs of 3cm x 4cm
a letter from the organisation requesting a special permit, arguing the
need to have him or her in Colombia and naming his or her position and
job description in Colombia, in as much detail as possible
an application form duly signed by him or her
evidence of a bank deposit at a bank account to prove payment for the
special temporary permit.
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6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Dependant Visas
Strictly speaking, dependant visas are not a separate category of visa but are
instead a subcategory of business, temporary or resident visas. This is because
the rights they confer depend on the type of visa held by the main visa
holder. The spouse, permanent partner, parents or children who are financially
dependent on the holder of a business, temporary or resident visa and who are
able to prove their kinship, are also able to receive a visa as a dependant. As
mentioned above, such visas carry the same residency rights as those assigned
to the holder of the visa. The beneficiary is only able to study because no other
type of work is authorised. If the beneficiary wishes to carry out any other type
of work, and he or she ceases to be financially dependent on the original visa
holder or his or her position as spouse or permanent partner ceases, he or she
will need to request a new visa from the relevant authorities.
6.2 Procedures
Dependant visas for the spouse, permanent companion, parents or children
who are financially dependent on the foreign national to whom the temporary
employee visa is granted, may be issued under the same category as his or her
visa. Proof of the relationship between the dependant and the foreign national
must be provided.
6.3 Documents
Besides the general requirements, dependants who apply for a dependant visa
must present the following documents:
•
•
•
•
the Civil Registry birth or marriage certificate or analogous document
evidencing the relationship or kinship, duly legalised before a Colombian
Consulate, or duly apostilled
a letter in which the visa holder confirms that he or she is responsible for
the expenses of his or her dependant(s) and declares his or her
responsibility for the dependant and his or her exit from the country
proof of financial resources
a photocopy of the visa of the temporary employee visa holder.
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1. INTRODUCTION
109
2. SOURCES OF LAW
110
110
3.1 Visas
3.3 Procedures
3.4 Documents
110
110
110
111
112
4.1 General
4.2 Procedures
4.3 Documents
112
113
113
5. WORK PERMITS
115
5.1 General
5.1.1 Procedures
5.1.2 Documents
115
116
116
5.2.1 Procedures
5.2.2 Documents
117
118
119
122
6.1 General
6.2 Procedures
6.3 Documents
122
122
122
Cyprus
Immigration - An International Handbook - CYPRUS
1. INTRODUCTION
As of May 2004, any European Union (‘EU’) national can enter the territory of
the Republic of Cyprus simply by showing a valid passport or identity card. The
freedom of movement and residence of an EU national in the Republic of
Cyprus can only be restricted on the grounds of reasonable threat to public
order, safety or health. There are, however, restrictive laws in place with
respect to issuing work or residence permits for foreign nationals. Employers
and employees circumventing these laws can be punished through fines
and/or imprisonment or deportation.
The Constitution of the Republic of Cyprus guarantees equal treatment of
foreign workers and EU or Cypriot personnel. It guarantees the protection of
human rights regardless of race, religion or ethnic origin. More specifically,
Article 28(2) of the Constitution provides that:
‘Every person shall enjoy all the rights and liberties provided for in this
Constitution, without any direct or indirect discrimination against any
person on the ground of his community, race, religion, language, sex,
political or other convictions, national or social descent, birth, colour,
wealth, social class or any other ground whatsoever’.
As a general rule, foreign nationals, other than EU nationals, require a visa to
enter and/or stay in the Republic of Cyprus.
Visa application forms, as well as the list of nationalities that need a visa to
enter the Republic of Cyprus, are available at the Ministry for Foreign Affairs’
website at http://www.mof.gov.cy
Depending on the reason and intended duration of the stay, five different
types of visa are available:
•
•
•
•
•
Visa
Visa
Visa
Visa
Visa
1:
2:
3:
4:
5:
short-stay and travel visas, including multiple-entry visas
airport transit visas (‘ATV’)
transit visas for a maximum period of five days
group visas
long-stay visas for visits exceeding three months, which
apply to the following categories: employment, study, and
business.
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2. SOURCES
OF LAW
•
The sources of law are the Constitution of the Republic of Cyprus, the Aliens
& Immigration Law, Cap. 105, as amended, the Aliens and Immigration
Regulations of 1972, as amended, the Law on Free Movement and Residence
of Nationals of the Member States of the European Union and their Families
(Law No 92(I) of 2003) and Posting of Workers within the Framework of
Provision of Services Law (Law No 137(I)/2002).
•
•
3. VISITORS
•
3.1 Visas
A short stay and travel visa (visa 1) can be issued for travel to the Republic of
Cyprus for reasons other than immigration, if the visit does not exceed three
months in any half year. A travel visa gives the right to make one continuous
visit or several separate visits to the Republic of Cyprus. The total duration of
all visits should not exceed three months in any six-month period, from the
date of the first entry. In general, the short-stay visa is issued for either one or
several separate visits. For several separate visits to the Republic of Cyprus (for
business trips etc.), it is possible to obtain a multiple-entry visa. The total
duration of all the separate visits should not exceed three months in any
six-month period, from the date of first entry. The multiple-entry visa is valid
for one year. In exceptional cases, it might be valid for more than one year, but
no more than five years for certain categories of persons. For employment or
business related visits exceeding three months, a long-stay visa may be issued.
3.4 Documents
The required documents are:
•
•
•
•
•
•
Third country nationals generally need a visa, but there are exemptions for a
number of states.
•
Only the activities for which the visa was issued are permitted, as indicated on
the visa.
3.3 Procedures
The following procedures must be adhered to:
•
an application fee is payable at the time of submission, along with a fee
for each family member
all relevant documents must be attached
visas are issued by all of the embassies and consulates of the Republic of
Cyprus.
one completed application form signed by the foreign national (or the legal
guardian in the case of minors), with two passport-sized photographs
a full national passport is required, valid for at least three months longer
than the validity of the visa being applied for
provisional travel bookings or an itinerary of travel arrangements (e.g. a
round trip ticket with fixed dates)
a prior hotel reservation
in the case of a business trip, an official letter of invitation from a Republic
of Cyprus company
solid evidence that there are sufficient funds to cover the cost of the
intended stay, e.g. a bank statement or travelers' cheques (credit cards can
be accepted only in addition to bank statements and only with a recent
statement confirming the credit limit. Cash is not an acceptable form of
proof)
a recent (less than one month old) official letter from the employer, with
proof of earnings. If the foreign national is self-employed, a letter from his
or her solicitor, accountant or bank manager. If the foreign national is a
student, a letter from his or her school or University confirming status
and/or attendance and the duration of the course
a copy of a bank guarantee letter from the host organisation throughout
the foreign national’s stay, if the Consulate asks for this, so as to cover the
possible cost of repatriation. Bank guarantee letters are issued for between
EUR 341 and 854 depending on the country of origin of the visitor.
Further details and up-to-date lists, together with application forms, can be
found on the official website of the Ministry of Foreign Affairs of the
Republic of Cyprus at http://www.mfa.gov.cy
an application must be submitted in person. Alternatively, for those who
reside more than 300 kms from the Consulate, applications may be
submitted by recorded delivery, enclosing a stamped addressed envelope,
for return of the documents
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4. WORKERS
4.1 General
Foreign Students
The Civil Archive and Migration Department of the Ministry of Interior is the
authority in the Republic of Cyprus that issues entry permits and residence
permits to foreign students.
Student permits are only granted permits for attending Private Tertiary
Education Schools (‘PTES’), registered in the relevant Register of the Ministry
of Education and Culture. Pupil permits (primary and secondary education) are
granted for attending registered institutions of primary and secondary education.
The entry, residence or practical training of foreign students comes under the
jurisdiction of the Civil Registry and Migration Department and every student
should possess a residence permit from this Department. Holders of student
permits are not allowed to work, but in accordance with a recent amendment
to the law, foreign students in Cyprus may now work in certain paid activities
as long as a work permit is issued.
Exchange students
Third country nationals, who participate in a student mobility programme may
apply to study for a certain period in the Republic of Cyprus. The exchange
student’s application must be accompanied by either a Certificate of
Participation in a European exchange student programme or other exchange
student programme, or a certificate that shows that the exchange student has
been accepted as a student in another EU Member State for at least two years.
In the case of a minor prior written parental consent is required.
Intra-corporate transferees
In the case of intra-corporate transferees into the Republic of Cyprus, where
employees are employed by Cyprus offices of a multi-national organisation
with other offices in another Member State of the EU, the Posting of Workers
within the Framework of Provision of Services Law 137(I)/2002 will be applied,
for which the competent Authority is the Minister of Labour and Social
Insurance.
4.2 Procedures
Foreign students
Applications should be submitted to the Civil Registry and Migration
Department by the educational institutions that the foreign student will
attend. Foreign students should also register with the District Police Alien
Branch within seven days of the day of arrival in the Republic of Cyprus and
have a medical examination on the first working day after their arrival. They
should submit the medical certificate to the District Police Alien Branch within
one week of the date of arrival and apply for an extension of their permit on
application Form M61.
Intra-corporates transferees
Companies that are subject to the legislation on the posting of workers are
obliged to notify and apply to the Ministry of Labour and Social Insurance,
before the posting.
Volunteers
An entry permit is issued upon submission of an application to the Civil
Registry and Migration Department, accompanied by all the necessary
certificates, supporting documents and fees. Volunteers should also register
with the District Police Alien Branch within ten days of their day of arrival in
Cyprus and submit an application form (MVS1) accompanied with all
necessary documents for the granting of a residence permit.
4.3 Documents
Foreign Students
•
•
•
•
•
one completed application form with 2 passport-sized photographs
the application submission fee
a bank guarantee letter from a bank in the country of residence
medical insurance
a receipt for the fees of the educational institution.
Note that applications for non-remunerated trainees (who are third country
nationals) should be submitted to the Civil Registry and Migration Department,
accompanied by all the necessary certificates and supporting documents.
Volunteers
Third country nationals can apply to participate in a voluntary service
programme and applications from all Districts for non-remunerated trainees
(third country nationals) should be submitted to the Civil Registry and
Migration Department.
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Exchange students
•
•
•
•
•
•
•
•
•
the M58 Application Form for an entry permit
application submission fee
a clean Criminal Record Certificate
one photograph
a letter from the educational institution, stating that the student has
been accepted
a letter stating that the student participates in a recognised exchange
student programme
a bank guarantee letter
medical insurance that covers inpatient and outpatient hospital
treatment (for those staying for more than three months), which
should be submitted with application form M61 in order to be
granted a temporary residence permit
a letter from the educational institution, stating that it will cover all
accommodation and upkeep expenses and certifying that the
organisation will cover the cost of the third country national’s full
medical insurance, where the stay does not exceed three months.
Intra-corporate transferees
As mentioned above, the competent Authority is the Minister of Labour and
Social Insurance. Companies subject to the legislation on the posting of
workers are obliged to notify and apply to the Ministry of Labour and Social
Insurance, before the posting. The following information must be submitted:
name, address and legal entity of the company; the legal representative of the
undertaking and representative in Cyprus (if such a representative exists); place
of work of the posted workers; date of commencement of the provision of
services; duration of the posting; the nature of the activity and personal details
about the posted workers. If details change, the company must submit revised
information within 15 days.
•
•
•
•
•
medical insurance covering inpatient and outpatient hospital treatment
a clean Criminal Record Certificate duly certified, translated in English
and in Greek
a medical certificate to the effect that the applicant is not a carrier of
Hepatitis B
the application fees
a copy of the agreement made between the relevant organisation in
Cyprus and the volunteer, stating his or her duties, working hours,
amount payable for accommodation and upkeep expenses and a short
description of his or her training.
5. WORK PERMITS
5.1 General
The granting of work permits for foreign nationals is governed by the Aliens
and Immigration Legislation, as well as by the various Decisions of the Council
of Ministers and the Ministerial Committee, which occasionally deals with
foreign nationals. Similarly, the employment of European citizens is regulated
by Law No 92(I) of 2003 ‘Law on Free Movement and Residence of Nationals
of the Member States of the European Union and their Families’.
Applications for work permits and residence permits are intertwined. A work
permit is required for EU citizens to work in the Republic of Cyprus for over
three months. However, the process is procedural and the EU citizen can
commence and/or continue working while the application is being processed.
For non-EU citizens, a valid work permit is prerequisite to commencing work
in the Republic of Cyprus. Working in the Republic of Cyprus without a valid
work permit is a serious criminal offence and can result in a fine and/or
imprisonment for both the employer and the employee.
Volunteers
The required information is:
There are a number of restrictions on obtaining work permits. Generally, the
criteria for the approval of a work permit consist of the following:
•
•
•
•
application form (MVS1)
a letter from the volunteer service stating that it will cover all
accommodation and upkeep expenses and certifying that the volunteer
service will cover the full cost of the third country national’s medical
insurance, if the stay does not exceed three months
a copy of the passport duly certified, which must be valid for at least
two years or the duration of the requested period of stay
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•
•
•
the unavailability of suitably qualified local, EU personnel who satisfy
the specific needs of the employers
saving and better utilisation of the local, EU labour force
the improvement of working conditions in the workplace
the terms and conditions of employment for foreign nationals should
be the same as those of Cypriots and other EU citizens.
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If work permits are recommended for the employment of foreign nationals
with special skills and knowledge which Cypriots or other EU citizens do not
possess, the employer is obliged to name a Cypriot or EU national who will be
trained during the period of the foreign national’s employment.
Further details and up-to-date lists can be found on the official website of the
Republic of Cyprus Government at http://www.cyprus.gov.cy
Most work permits are granted through the temporary residence permits
(‘TRE’) system, whereby an application is made to obtain a TRE on the basis of
one of the categories referred to in Regulation 5 of the Aliens and Immigration
Regulations of 1972. Depending on the category of TRE, the permit can enable
the foreign national to reside and work in the Republic of Cyprus. The TRE
system covers self-employed workers, permanently employed persons, retired
persons etc., for up to five years, and is renewable.
Domestic Assistants
According to the criteria defined by the Council of Ministers, the employment
of foreign domestic assistants may be allowed in the following cases:
Further information can be found at the Republic of Cyprus’ official website at
www.cyprus.gov.cy
5.1.1 Procedures
Applications for work permits are completed by the employer. Applications for
the issue of entry and work permits in General Categories of Employment are
submitted to the Civil Registry and Migration Department by the intended
employer, or through the respective District Aliens and Immigration Branch of
the Police, on the condition that the foreign national is abroad. Foreign nationals
from EU Member States have the right to enter the Republic of Cyprus simply
by showing a valid EU passport or ID Card, without having to register upon
arrival. If there is an intention to stay for more than three months and/or take
up employment, the EU national must apply for a residence permit, in
accordance with the above procedure. All non-EU residents require a residence
permit.
5.1.2 Documents
To apply for a work permit, the foreign national will need:
•
•
•
•
•
•
•
an application duly filled in and signed by the employer
a photocopy of the foreign national’s passport
a clean criminal record certificate
medical certificates
signed contract of employment, stamped by the Department of Labour
and stamped with a revenue stamp from the Revenue Stamps Registrar
a bank guarantee letter for between EUR 341 and 854, depending on the
foreign national’s country of origin, to cover possible repatriation expens
es, valid for six months after the expiration of the employment contract
the application submission fee.
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•
•
•
families in which both the husband and wife work, where they pay
contributions to the Social Securities Fund, and have children under the
age of 12
where the family has a declared annual income of more than EUR 50,000
where foreign women are to take care of aged persons, disabled persons,
persons with special needs or persons suffering from a serious illness as a
result of which they are incapable of taking care of themselves.
Foreign artists/musicians/artistic ensembles
The Civil Registry and Migration Department grants entry, temporary residence
and work permits to foreign artists to be employed in musical and/or dancing
venues that provide entertainment.
Moreover, this Department grants entry, temporary residence and work
permits to individuals, organisations, hotels etc., for artists to work in hotels,
theatres, circuses and other cultural events, for a few days only.
Non EU employees of companies with foreign interests
All foreign interest companies wishing to employ third country nationals in the
Republic of Cyprus in executive positions must:
•
have a majority shareholding of foreign investors, unless they are:
- public companies registered on any recognised stock market abroad
- former offshore companies which operated before their change of
their status and whose records are kept by the Central Bank.
OR
•
•
if foreign investors own less than 50 % of the share capital, they must
invest more than EUR 200,000 in Cyprus
operate from a self-contained office, which is sufficiently equipped,
located in suitable distinct premises and does not form part of a private
residence or another office
hold/obtain all certificates and supporting documents required for the
company’s annual financial statements
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Eligible new companies are those which have legally imported in the Republic
of Cyprus at least EUR 200,000.
Companies should not commit themselves to employing third country nationals
for any of the following positions before securing a temporary residence and
employment permit from the Civil Registry and Migration Department, as
follows:
Executive Directors
The term ‘Executive Director’ includes third country nationals registered as:
•
•
•
Consulting Directors or Partners (in the Registrar of Companies)
General Managers of branches and subsidiary foreign companies
Departmental Managers of an eligible company operating in Cyprus for at
least two years.
The maximum number of such executives is five, unless the Civil Registry and
Migration Department is convinced of the need to employ a larger number.
The minimum acceptable total annual salary (annual salary plus any
additional allowances and benefits) for a newly appointed Executive Director is
adjusted from time to time according to fluctuations in the salary index.
Middle-management Staff, Executive Staff and any other Key Personnel
This category covers managers, non-senior directors, as well as other senior or
mid-management staff and other administrative, secretarial or technical staff.
The maximum number of such executives is ten, however a larger number can
be approved by the Migration Department if justied by the annual turnover of
the company, the ratio of foreigners to Cypriots and the number of years of
operation of the company.
Support Staff
This covers all third country nationals employed in other professional,
administrative, technical or office posts in Cyprus which do not belong to the
above mentioned categories.
5.2.1 Procedures
Domestic Assistants
Applications for the issue of entry and work permits in general categories of
employment are submitted to the Civil Registry and Migration Department by
the intended employer, through the respective District Aliens and Immigration
Branch of the police, on condition that the foreign nationals are abroad. The
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applications should be accompanied by a work contract.
Artistic agents will submit applications to the Civil Registry and Migration
Department through the District Aliens and Immigration Branches of the
Police. The agents are also responsible for the undisturbed residence of foreign
artists in Cyprus.
In terms of executive directors, middle managers, executive staff and other
key personnel, the application for the first temporary residence permit is made
to the Civil Registry and Migration Department. The application should be
accompanied by all the necessary certificates and supporting documents and
fees.
The Immigration Department is the authority responsible for the first issue and
subsequent renewals of the temporary residence and employment permits
granted to all third country nationals employed by companies of foreign
interests in Cyprus. The Director of the Civil Registry and Migration
Department acts in consultation with the Registrar of Companies and the
Official Receiver; the Labour Department of the Ministry of Labour and Social
Insurance; and the police. These authorities submit relevant recommendations
to the Director, who will then make decisions on applications and reply directly
to the foreign nationals.
An application by a non-executive member of staff who is a third country
national is made to the District Aliens & Immigration Police Branch. The
application must be accompanied by a contract of employment, stating the
annual salary and service duration. It must be stamped by the District Labour
Office.
Please visit the official website of the Department of Labour of the Republic of
Cyprus at http://www.mlsi.gov.cy for more details.
5.2.2 Documents
Domestic Assistants
•
•
•
an application on form M58
a work contract stamped with a revenue stamp from the Revenue
Stamps Registrar
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•
•
•
•
•
•
a Bank Guarantee letter for between EUR 341 and 854, depending on
the foreign national’s country of origin, to cover possible repatriation
expenses, valid for six months after the expiry of the work contract
birth certificates of the children of the foreign national, where applicable
a certificate from the Social Securities Department stating that both
parents (foreign nationals) work and make contributions, where applicable
a certificate from the Inland Revenue Department that the annual income
of the foreign national’s family exceeds EUR 50,000, where applicable
medical certificates and other documents regarding persons incapable of
taking care of themselves, where applicable
documents regarding pensioners, such as particulars of the pension and
date of birth of the pensioner, where applicable.
The following documents are required:
•
•
•
•
•
•
•
•
•
an application on form M58A
four passport photos
a Bank Guarantee letter for EUR 341, 515 or 854, depending on the
foreign national’s country of origin, to cover possible repatriation expenses
an employment contract stamped by the Duty Stamps Registrar
photocopy of the entry permit
a return ticket
a certificate from the Commissioner of Inland Revenue that the artist's
income tax has been paid
the fees for submission of the application.
In respect executive directors, middle managers, executive staff and any other
key personnel, the company must provide the following documentation:
•
•
•
•
•
•
•
the certificate of registration
the Memorandum and Articles of Association by the Registrar of
Companies and the Official Receiver
the Certificate of Directors and shareholders’ companies
the Certificate of Registered Office
a profile describing the nature of the company’s business and details of its
office operations and staff requirements in Cyprus
a list of the company’s personnel
a list showing the names of the Directors and shareholders with their pass
port numbers, nationalities and addresses abroad
120
•
if it is a new Eligible Company, a lease agreement for its office in Cyprus (if
unavailable, it should be presented to the Civil Registry and Migration
Department within two months).
Existing companies must file their audited accounts for the preceding year, as
well as a Certificate of payment of Company Taxes from the Income Tax
Department.
In respect of the executive staff:
•
•
•
•
•
•
•
•
•
•
contract of employment duly stamped stating a salary of between EUR
25,000 and 49,999 or over EUR 50,000, as appropriate
application M61 for a work visa
one photograph
application fees
photocopy of passport pages of the applicant showing personal
information and expiry date.
photocopy of the Alien Registration Certificate
bank guarantee
criminal record check certificate
health insurance certificate for the applicant and his family, valid for at
least a year
certificate of medical tests (aids, syphilis and hepatitis B) and a chest x-ray
for tuberculosis from a doctor in Cyprus.
In respect of support staff, the company the requirements are the same as for
executive directives, except that a list of the company’s personnel must also be
provided. In addition, the following documents are required from support
staff:
•
•
•
•
•
•
•
•
contract of employment duly stamped and approved by the Labour Office
applications M61 and M64
copy of the passport
copy of the Alien registration Certificate
criminal record check certificate
letter of guarantee by the employer. If accompanied by family members,
the letter of guarantee is provided by the applicant
medical certificate as above
fee for submission of the application.
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6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
The family members of a foreign national must make an application for
residency. Family members include the spouse, children aged under 21, any
other dependants (including the spouse's dependants), and any direct family
members. Any family members who do not make the application for residency
will be fined.
•
•
family members that are not dependants must show proof of a serious
medical condition which leaves them completely dependent
two passport-sized photos.
6.2 Procedures
EU family members
Where an EU citizen's family also carry EU passports, the completed application
form MEU1 (for EU citizens) must be submitted. An application fee is payable
at the time of submission, along with a fee for each family member.
Non-EU spouse and children
A residence card is issued to the non-EU family members of EU citizens
moving to Cyprus. The application must be made within four months of the
date of entry. Family members of EU citizens who are not EU citizens
themselves should submit a completed application form MEU2. An application
fee is payable at the time of submission.
6.3 Documents
EU family members must submit the following:
•
•
•
•
•
a valid passport or identity card, with several copies
proof of the family relationship (certified copies of the marriage certificate
and the children's birth certificates)
family members that are not dependants must show proof of a serious
medical condition which leaves them completely dependent
if it has been issued, the Registration Certificate of the EU citizen family
member already residing in Cyprus
two passport-sized photos.
Non-EU spouses and children must submit the following:
•
•
•
•
a valid passport with visa, if applicable (with copies)
a document stating the family relationship
proof of the family relationship (the marriage and children's birth
certificates)
proof of the family member's consistent relationship with the EU citizen
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123
1. INTRODUCTION
127
2. SOURCES OF LAW
127
127
3.1 Visas
3.3 Procedures
3.4 Documents
127
128
128
129
129
4.1 General
4.2 Procedures
4.3 Documents
129
130
130
5. WORK PERMITS
130
5.1 General
5.1.1 Procedures
5.1.2 Documents
130
131
132
5.2.1 Procedures
5.2.2 Documents
132
134
134
135
6.1 General
6.2 Procedures
6.3 Documents
135
136
136
Denmark
Immigration - An International Handbook - DENMARK
1. INTRODUCTION
In recent years, the Danish workforce has become increasingly specialised with
regard to know-how, IT and technology, and in the pharmaceutical and
medical sectors, whereas manufacturing businesses seem to be decreasing in
both number and volume.
For a number of years, and as a result of the developments described above,
Denmark has experienced a shortage of skilled manpower in some
occupational areas. Thus, the trend has been towards widening both the
criteria for issuing and the eligibility for obtaining, residence and work permits
for third country nationals. In this context, third country nationals are defined
as nationals from outside the EU, EEA or Switzerland.
By way of example, the scope of the ‘Job Card Programme’, which provides a
fast-track route to a residence and work permit, was expanded in 2008 to
include more shortage areas, as well as individuals earning at least DKK
375,000 (EUR 50,000) per year, regardless of the occupational area.
As described in more detail below, in 2008, the ‘Green Card Programme’ was
extended and a ‘Corporate Programme’ was introduced, under which a
special group residence permit is available for certain groups of companies.
It was also made easier for foreign nationals who are subject to the
requirement of a work and residence permit to change jobs and stay in
Denmark for a period of up to six months in order to seek other employment.
2. SOURCES
OF LAW
Immigration and foreign nationals' entitlement to reside and work in Denmark
are regulated by the Danish Aliens Act and subordinate legislation.
3. VISITORS
3.1 Visas
Foreign nationals (other than EU, EEA and Swiss nationals) wishing to visit
Denmark for a short period of time must obtain a visa before entering, if
coming from a so-called visa country.
A list of the (approximately) 130 visa countries is available at:
http://www.nyidanmark.dk/en-us/coming_to_dk/visa/who_needs_visa.htm
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However, holders of diplomatic or service passports are exempt from the visa
requirement.
In some circumstances, if a visa has already been obtained in another
Schengen country, i.e. a Schengen visa, no additional visa to Denmark will be
required. The following countries are members of the Schengen agreement:
Germany, France, Belgium, the Netherlands, Luxembourg, Italy, Spain,
Portugal, Austria, Greece, Finland, Sweden, Estonia, Latvia, Lithuania, Poland,
Slovenia, Slovakia, the Czech Republic, Hungary, and Malta.
Further, certain exemptions apply in relation to processing a visa application, if
the foreign national's country of residence has a special agreement with the
Danish Minister for Refugees, Immigration and Integration Affairs.
Business visa applications will normally be processed within four to six weeks,
provided that all of the required information is submitted along with the
application.
The visa is granted before the foreign national enters into Denmark.
3.4 Documents
In addition to the application form, the application for a business visa must
include:
•
•
•
A visa does not automatically entitle the foreign national to work in Denmark,
as this requires a work permit (please see below).
A business visa issued for the purpose of business visits to Denmark generally
allows the holder to stay – but not to work - in Denmark (and normally the
entire Schengen area) for 90 days during a six month period.
Self-employed foreign nationals must provide the following additional
documentation:
•
Nationals of non-visa countries are automatically allowed to stay in Denmark
or other Schengen countries for 90 days during a six month period.
In some cases, third country nationals who would normally need a residence
and work permit may be allowed to work in Denmark for a period of up to
three months without a work permit if their job falls within certain categories.
This includes scientists and teachers who are invited to teach or perform
similar activities; representatives travelling on business in Denmark for foreign
undertakings without a business address in Denmark; and certain machine
fitters, consultants and instructors. If the foreign nationals are from a visa
country, they may, however, still need to apply for a visa before entering
Denmark (see above).
3.3 Procedures
The application form must be completed and submitted by the foreign national
(the employee).
The application must be submitted to the Danish Embassy or Consulate in the
foreign national’s country of residence.
128
a valid passport or other travel identification
two passport photos showing the foreign national’s full face (35mm x
45mm, size of head 30-36mm from bottom of chin to top of head)
an invitation from the foreign national’s referee in Denmark, naming the
persons and/or businesses that the foreign national will visit, the purpose
of the visit and a description of the relationship between the foreign
national and the referee.
•
documentary evidence of the foreign national’s line of business in his or her
home country
documentary evidence of the foreign national’s background, e.g. proof of
education, past experience in the relevant industry and financial standing.
Once the application has been submitted, the Danish Immigration Service will
contact the Danish referee in order to verify the purpose of the foreign national’s visit to Denmark.
With effect from 1 July 2009, Danish businesses may apply for a licence to
sponsor visa nationals coming to Denmark for business purposes. This new
measure has speeded up the application process
4. WORKERS
4.1 General
Nationals of the Nordic countries (Finland, Iceland, Norway and Sweden) are
free to stay in Denmark for an indefinite period, and such nationals will not
need a work or residence permit or an EU or EEA registration certificate,
regardless of the length of their stay.
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Other EU, EEA and Swiss nationals are free to stay in Denmark for up to three
months (up to six months, if they are seeking employment). If an EU, EEA or
Swiss national intends to stay longer than three months (or six months, if
seeking employment), he or she will need to apply for an EU or EEA
registration certificate. No work permit is required for those foreign nationals.
4.2 Procedures
Generally, the application for a residence and work permit must be submitted
and granted before entering Denmark. However, EU, EEA and Swiss nationals
may apply for an EU or EEA registration certificate after entering Denmark, if
they wish to stay in Denmark for more than three months (six months, if
seeking employment). Such a certificate must be applied for at one of the
Regional State Administrations.
The processing time for an application for an EU or EEA registration certificate
submitted to one of the Regional State Administrations will normally be one
to two weeks.
4.3 Documents
In addition to the completed application form, the application for an EU or EEA
Registration Certificate must generally include:
•
•
•
one passport photo showing full face (35mm x 45mm, size of head 3036mm from bottom of chin to top of head)
a copy of the employment contract (if the purpose of the stay in Denmark
is not for seeking a job and the stay is for six months).
5. WORK PERMITS
5.1 General
Third country nationals will normally need a residence permit if they intend to
stay in Denmark for longer than three months. Regardless of the length of
their stay, they will also need to apply for a work permit if they wish to obtain
employment in Denmark. If from a visa country, a third country national might
also be obliged to seek a visa before entering into Denmark.
Third country nationals are eligible for a residence and work permit, if there
are essential employment or business reasons for issuing such a permit. In
deciding whether such reasons exist, a distinction is made between specialised
and non-specialised work.
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Non-specialised work means work that could just as well be carried out by
Danish nationals or by foreign nationals already in Denmark or the EU. Thus,
a work permit will be granted only if Danish or foreign manpower is un
available in Denmark or the rest of the EU to carry out the work in question
and only if the third country national has received a specific job offer and the
terms and conditions of the job meet normal Danish standards.
Specialised work, on the other hand, is work that is closely associated with a
particular person and can therefore only be carried out by that person.
Scientists and circus performers are good examples of people performing
specialised work. The sole deciding factor here is whether there are special
reasons for employing that particular third country national to carry out the
work. The third country national must still have a job offer in place, and the
terms and conditions of the job must still meet normal Danish standards.
Once granted, the work permit will only be valid for the job specified in the
permit application, irrespective of the degree of specialisation required for the
job.
As a general rule, residence and work permits issued to third country
nationals will be valid for an initial period of up to one year and can be
renewed for up to three years at a time. As an exception to this rule,
however, scientists, teachers, salaried staff in managerial positions, specialists
and embassy staff can be issued with a permit valid for an initial period of
three years and renewable for further periods of up to four years each. In all
cases, the duration of the permit cannot exceed an agreed period of
employment.
5.1.1 Procedures
The application form must be completed jointly by the employer and the
foreign national. First, the employer completes its part of the form, and then
the foreign national completes his or her part and submits the application form
along with the necessary documentation to the relevant authorities (see
below). The application form may also be submitted by a lawyer or other
specialist on behalf of the employer.
Obviously, if applying as a self-employed person, the foreign national himself
or herself will forward the application.
The application must be submitted at the Danish Embassy or Consulate in the
foreign national’s country of origin. If, however, the foreign national has permanently resided in another country for the past three months, he or she may
apply to the Danish Embassy or Consulate in that country.
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The application for a residence and work permit must be submitted and
granted before entering Denmark.
5.1.2 Documents
In addition to the completed application form, the application for a residence
and work permit must generally include:
•
•
•
•
two passport photos showing full face (35mm x 45mm, size of head
30-36mm from bottom of chin to top of head)
a copy of the employment contract and job description
documentary evidence of the foreign national’s educational background
Please note that the conditions for obtaining a residence permit are linked to
the reason for the foreign national’s stay in Denmark. A number of special
schemes have thus been implemented, in order to ease the possibility of gaining access to Denmark for work purposes:
Job Card Programme
The ‘Job Card Programme’, which has been extended significantly in recent
years, provides a simplified application process, if the application is for work in
an area considered to be underemployed (also referred to as a ‘shortage area’)
or if the employee’s gross annual salary is at least DKK 375,000 (EUR 50,000),
regardless of the occupational area. The shortage areas are set out in the
‘Positive List’, which comprises more than 100 different job titles. The list is
updated frequently to reflect current shortage areas. Please check
www.nyidanmark.dk for further information about the various shortage areas.
As with the normal application procedure, third country nationals applying for
a residence and work permit under the ‘Job Card Programme’ must have a job
offer in place, and the terms and conditions of the job must meet normal
Danish standards.
Permits under the ‘Job Card Programme’ can be valid for an initial period
of up to three years and can be renewed. As a general rule, the permit will
be valid only as long as the foreign national holds a job. If it is fixed-term
employment, the job card will be valid for the same term, although the
holder can be permitted to stay in Denmark for an additional six months (for
job seeking purposes).
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Corporate Programme
In addition, the ‘Corporate Programme’ was introduced with effect from 1 July
2008. Under the ‘Corporate Programme’, foreign nationals employed in a
foreign affiliate of an international group of organisations can alternate
between working in the Danish entity and abroad without
applying for a Danish residence and work permit for each period to be spent
in Denmark.
To obtain a permit under the ‘Corporate Programme’, foreign nationals must
keep their ties to the foreign entity of the group. Secondly, the work to be
carried out in Denmark must be of an innovative, project-related or
training-related nature. Thirdly, the terms of employment and pay of the
foreign national while working in Denmark must meet normal Danish
standards. A permit under the ‘Corporate Programme’ will mean that the
employee to be received by a Danish entity under the programme will not have
to wait for a work permit.
A permit under the ‘Corporate Programme’ will be valid for an initial period of
up to three years and can be renewed. With this permit, the holder can stay
abroad for periods of time without having to re-apply for a work permit when
returning to Denmark to work. If the Danish entity ceases to be affiliated with
the foreign entity, the permit will no longer be valid.
Green Card Programme
Finally, the ‘Green Card Programme’, which allows third country nationals into
Denmark for job seeking, has been extended to permit foreign nationals under
this programme to work in Denmark without any requirements being made for
the job in question. Eligibility for a work permit under this programme will be
determined by a points-based system in which points are earned for work
experience, level of education, language skills, age and various other factors.
The total number of points must amount to at least 100 in order to qualify
under the ‘Green Card Programme’. A permit under the ‘Green Card
Programme’ is granted for a period of up to three years and can be renewed.
Self employed persons
Generally, in regards to self-employed persons or foreign nationals who wish
to establish and operate an independent organisation in Denmark, it is
possible to obtain a work and residence permit in Denmark if certain
conditions are met. According to Danish administrative practice, it is a
requirement that there are particular Danish business interests related to
establishing the business in Denmark. Furthermore, the foreign national must
document that sufficient funds have been procured to run the business. Finally,
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the foreign national’s presence must be of vital importance for establishing, as
well as running, the daily business in Denmark. Normally, a self-employed
person will be granted a residence and work permit for one year, with the
possibility of extension.
•
•
5.2.1 Procedures
The application form must be completed jointly by the employer and the
foreign national. First, the employer completes its part of the form, and then
the foreign national completes his or her part and submits the application form
along with the necessary documentation to the relevant authorities (see
below). The application form can also be submitted by a lawyer or other
specialist on behalf of the employer.
• documentary evidence of the foreign national’s educational background.
All relevant documentation must be submitted together with a certified Danish
or English translation.
Obviously, if applying as a self-employed person or under the ‘Green Card
Programme’ in which no employer is required, the foreign national must
himself or herself forward the application.
•
•
•
When applying for a residence and work permit as a self-employed person or
for operating an independent organisation in Denmark, the application must,
in addition to the completed application form, generally include:
•
foreign national’s country of origin. If, however, the foreign national has
permanently resided in another country for the past three months, then he or
she may apply to the Danish Embassy or Consulate in that country.
•
•
•
The application for a residence and work permit must be submitted and
granted before entering Denmark.
•
A residence and work permit for third country nationals will normally be
processed within three months. However, in some circumstances considerably
longer processing periods must be expected, i.e. if the Danish Immigration
Service has not received all of the required documents or if some of the
information given in the application has not been documented sufficiently or
cannot be verified etc. Further, processing times also depend on the general
workload of the Danish Immigration Service.
However, in relation to applications under the ‘Job Card Programme’, the
‘Corporate Programme’ or the ‘Green Card Programme’, the Danish
Immigration Service has set a service level target of processing applications
within 30 days, or, in some cases, even faster.
5.2.2 Documents
and work permit must generally include:
a copy of the employment contract and job description
•
•
•
•
documentation for CVR registration (registration in the central company
register of the Danish Commerce and Company Agency in order to obtain
a company identification number)
an annual report or budget
documentation for the equity interest or company equity
a business plan, which includes the type of business, innovative aspects of
the organisation or prospects for growth, including the expected number
of workplaces
documentation of any partnerships with, or other form of support from,
Danish organisations
documentation relating to any contracts or other agreements entered into
documentation relating to relevant training or education, previous
experience as a self-employed person and/or work experience from the
field in question
documentation relating to personal capital (e.g. bank statements)
documentation for relevant authorisation (only applicable if the job or
running of the organisation requires Danish authorisation).
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
For foreign nationals, the question of whether they are allowed to bring their
family will often be of crucial importance.
Nordic, EU, EEA and Swiss nationals are allowed to bring family members of
Nordic, EU, EEA and Swiss nationality, and such family members are also
134
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allowed to work in Denmark. However, as with the employee they are
accompanying, family members will need an EU or EEA registration certificate,
if they stay in Denmark for more than three months.
If the employee is a Nordic, EU, EEA or Swiss national and the family members
are third country nationals, the family members will be entitled to follow the
employee to Denmark, provided that the employee has taken up genuine and
actual residence in Denmark.
If the employee is a third country national, the spouse or partner and any
dependant children may be granted a residence permit in Denmark, if the
employee is eligible for a minimum three-year residence and work permit, or
for a minimum three-year extension to the residence and work permit. The
family must live at the same address in Denmark and be self-supporting.
With a family permit, family members may seek and take work in Denmark for
the duration of the employee´s permit. Accordingly, a Danish employer who
hires a family member should be aware that the family member may no longer
be entitled to work in Denmark, if the person who provided the legal basis for
residence – and thus the legal basis for work – loses his or her job or if the
family relationship undergoes changes.
6.2 Procedures
foreign national’s country of origin. If, however, the foreign national has
permanently resided in another country for the past three months, then he or
she may apply to the Danish Embassy or Consulate in that country.
The application for a residence permit must be submitted and granted before
entering Denmark.
6.3 Documents
permit must generally include:
•
•
•
documentary evidence of the marriage or family relationship based on
which the permit is applied for.
136
1. INTRODUCTION
141
2. SOURCES OF LAW
141
141
3.1 Visas
3.3 Procedures
3.4 Documents
141
142
142
143
144
4.1 General
4.2 Procedures
4.3 Documents
144
145
145
5. WORK PERMITS
146
5.1 General
5.1.1 Procedures
5.1.2 Documents
146
146
146
5.2.1 Procedures
5.2.2 Documents
146
146
146
146
6.1 General
6.2 Procedures
6.3 Documents
146
147
148
Dominican Republic
Immigration - An International Handbook - DOMINICAN
REPUBLIC
1. INTRODUCTION
Dominican immigration legislation provides different types of visas and
residence permits, depending on the purpose of the trip, but most foreign
nationals do not need a visa to enter the Dominican Republic when travelling
for tourist purposes - a simple tourist card will suffice. When foreign nationals
come to the country for business they must obtain a Dominican visa, which
will vary depending on the duration of their stay. If the stay will exceed 60 days
they will be able to either extend it by paying additional taxes to the
Immigration Department or apply for a Dominican residence permit, if their
intention is to reside in the country.
2. SOURCES
OF LAW
The following sources of law are relevant:
•
•
•
Law No 285-04 of 15 August 2004 on Immigration
Law No 875 of 21 July 1978 on Visas
Law 171-07 of 10 April 2007 on Special Incentives for Retirees and Passive
Investors.
For further information visit the website of the Ministry of Foreign Affairs
at www.serex.gov.do and the General Immigration Department at
www.migracion.gov.do.
3. VISITORS
3.1 Visas
Pursuant to Law No 875 of July 21, 1978, all foreigners entering Dominican
territory require a visa. However, for those citizens of countries with which the
Dominican Republic has visa agreements, only a tourist card is required. A list
of the countries exempted from entering the Dominican Republic with a visa
is available online at www.serex.gov.do.
In the Dominican Republic, the different types of visas and permits are defined
by Article 3 of Law No 875, as well as by the provisions of General Law No
285-04 of 15 August 2004 on Immigration, and are described as follows:
•
Business Visa: This type of visa is exclusive to business, trading and
professional services. There are three different types of business visas,
namely:
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-
•
•
•
•
•
•
•
Simple Business Visa: granted only for one entry and issued for a
period of 60 days
- Multiple Business Visa: issued for one year and for multiple entries
and departures
- Visa for Labour Purposes: granted for one year to individuals under
an employment agreement with a company located in the Dominican
Republic.
Dependancy Visa: This type of visa is granted to the main applicant’s
family members and its duration is the same as granted to the principal
applicant.
Tourist Visa: This is granted for tourism and vacation purposes for a 60
day period with only one entry.
Residence Visa: This is granted to individuals planning to reside in the
Dominican Republic for a 60 day period with one entry.
Student Visa: This is granted to foreign students studying in the
Dominican Republic. The visa is granted for a one year period and is valid
for multiple entries.
Official Visa: This allows multiple entries to the Dominican Republic. It can
be issued for a 60 day period or for one year and is granted to
governmental officers or members of international organisations.
Diplomatic Visa (DM): granted only to diplomats entering the country for
international meetings or special assignments. It can be issued for 60 days
or 1 year with multiple entries.
Courtesy Visa: This is granted to diplomatic officers and their families. It
can be issued for 60 days or one year, depending upon the purpose of the
trip.
applicant resides, the visa can be requested at the nearest Dominican consular
office.
3.4 Documents
The documents required to be deposited when applying for Dominican visas
vary depending on the requirements of the consulate concerned and the type
of visa applied for. Below is a list of the documents required for a Simple
Business Visa, Multiple Business Visa, Business Visa for Labour Purposes and
Tourist Visa. These lists are also available at www.serex.gov.do.
Simple Business Visa Requirements
•
The activities permitted under the visas mentioned above vary depending on
the visa. For example, the visa for labour purposes is granted to foreign
employees to enable work for a company settled in the Dominican Republic,
for a period of one year.
•
By contrast, tourist and business visas do not allow foreigners to work in the
Dominican Republic. Tourist visas apply for those visiting the Dominican
Republic for leisure, while business visas are exclusively for foreign
businessmen who visit the country for commercial purposes, but they cannot
be used as work permits.
3.3 Procedures
Visa applications must be deposited at the Dominican Consulate located in the
applicants country of residence. If there is no Dominican Consulate where the
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REPUBLIC
•
•
•
letter on the company’s letterhead addressing the Consul regarding the
employee’s visa application, duly signed by the applicant or legal
representative of the company. The letter can be issued by an individual or
a company and should contain the following:
- name, nationality, place of residence, economic solvency and the
profession of the applicant
- if the applicant is applying individually, the letter should state the
applicant is solvent, his or her nationality and profession or primary
activity
- if the applicant is employed or to be employed by a company in the
Dominican Republic, the letter should be on company letterhead and
signed by the highest ranking officer of the company, indicating the
position to be occupied by the applicant
- the purpose of the trip
- date of the trip
- name of the individual or company serving as sponsor during the
applicant’s stay, if applicable
- company name and address in the Dominican Republic and
- guarantee of financial support during the trip and copy of return a
airline ticket to the country of origin.
form provided by the Dominican Consulate where the visa is requested,
typed or printed
two front view 2 x 2 photographs
complete copy of the applicant's passport
Dominican consulates may also ask for:
- copies of recent bank statements
- travel itinerary or airline ticket reservations and
- hotel reservations or vouchers.
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Multiple Business Visa Requirements
The documents required to complete the application for the multiple business
visa are the same as for the simple business visa.
Business Visa for Labour Purposes Requirements
The documents required for the business visa for labour purposes are the same
as for the simple business visa, but in addition, the employment agreement or
labour contract must be registered with the Ministry of Labour of the
Dominican Republic.
Tourist Visa Requirements
•
•
•
•
original passport and copy of the same
letter of request addressed to the consul, signed by the applicant. The
letter of request must include the name, nationality, place of residence,
and details of the economic solvency of the applicant
letter from the employer addressed to the consul including the
applicant’s position and length of service in the company, if employed
two photographs.
REPUBLIC
renewable for up to two more years. It gives the right to its bearer to request
a temporary, and then a permanent, residence card.
The Dominican residence card is the most common immigration permit applied
for. It permit must be requested before the General Immigration Department
in the Dominican Republic and is generally granted within three months. Once
the residence card has been approved, the foreigner will receive both the
residence card and a Dominican ID card, known as the Cédula. These two
documents entitle a foreign national to work legally in the country.
Both the visa for labour purposes and the Dominican residence enable foreign
nationals to work in the country. Foreign nationals interested in working in the
Dominican Republic and companies operating in the Dominican Republic
intending to hire either temporary or permanent employees are eligible for
these permits.
4.2 Procedures
The company must submit a labour agreement to the Dominican Consulate,
registered at the Ministry of Labour of the Dominican Republic, and a letter
requesting a visa for the employee.
Dominican consulates may also ask for:
•
•
•
a copy of recent bank statements
travel itinerary or airline ticket reservations and
hotel reservations or vouchers.
Please be advised that US legal residents, Canadian nationals with US visas,
holders of Schengen Visas and UK Visas do not require a visa to enter the
Dominican Republic. Provided there are entering the country only for tourism,
they require only a Tourist Card, valid for 60 days.
4. WORKERS
4.1 General
All foreigners entering the Dominican Republic for labour purposes need
a work permit. However, in this sense, either a business visa for labour
purposes or a residence permit (see below) will suffice.
A business visa for labour purposes is based upon the existence of a work
contract pertaining to the applicant in the Dominican Republic and registered
at the Dominican Labour Ministry. This type of visa is valid for one year,
144
Applications for business visas for labour purposes are filed at the Dominican
Consulate of the place of residence of the applicant. For residence permits, the
application must be filed at the General Immigration Department of the
Dominican Republic.
It is highly recommended that applicants seek legal support in compiling and
filing documents for all immigration procedures.
4.3 Documents
Visa for labour purposes
The documents listed in section 3.4 under Simple Business Visa Requirements
also apply to Visas for Labour Purposes.
Dominican residence
•
•
•
•
•
original birth certificate
original marriage certificate, if married
ccpy of all pages of passport
four front photographs and four side photographs
Certificate of Good Standing issued in the country where the applicant
currently resides
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•
•
•
•
•
•
letter from a sponsor or guarantee issued by either a Dominican
company or person residing in the Dominican Republic:
if the sponsor or guarantor is a person: solvency documents of the
guarantor, such as title deeds, bank letters and the like
if the guarantor is a company: a copy of the incorporation
documents, a financial statement, a declaration of taxes and a copy
of the company representative’s Dominican ID card (Cédula)
medical examination to be conducted at the General Immigration
Department
sworn Affidavits of two Dominican witnesses who know the guarantor
copy of the witnesses’ Dominican ID cards (Cédula).
5. WORK PERMITS
5.1 General
Work permits may either be in the form of a visa for labour purposes or a
residence permit. Both of these are described in section 4 above.
5.1.1 Procedures
Not applicable.
5.1.2 Documents
Not applicable.
5.2.1 Procedures
Not applicable.
5.2.2 Documents
Not applicable.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
According to Dominican legislation, all foreign nationals who wish to work,
study or reside temporarily or permanently in the Dominican Republic for more
than three months and for at least one year, must request a residence permit
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REPUBLIC
before the General Immigration Department. If dependants come to the
country for less than 60 days, depending on their nationality they may not
require a visa to enter the country. However, if they do intend to stay in the
country a dependency visa will be required.
Foreign nationals can apply for temporary or permanent residence, investment
residence or residence for foreign retirees and passive investors, depending on
the reasons for their stay in the country, as described below.
Temporary or Permanent Residence
The procedure for obtaining either a temporary or permanent residence
normally takes about three to four months. A temporary residence card is valid
for one year, while the permanent residence card has a validity of two years,
renewable for the same period upon its expiry. Permanent residence can be
obtained on the expiry of a temporary residence card. Both residence cards
grant the holder the right to obtain a Dominican ID card and driver’s license.
These permits are issued in approximately three to five months.
Investment Residence
This type of residence is based either on a capital investment made by the
applicant of at least USD 200,000 or on a labour contract with a company
which has a capital investment duly registered before the Center of Export and
Investment (CEI-RD), the Free Zone Council, or the CONFOTUR. The
Investment residence is issued in 45 business days, is valid for one year and can
be renewed permanently upon its expiry.
Residence for Foreign Retirees and Passive Investors
This permit applies to foreign retirees interested in moving to the Dominican
Republic. They must have a monthly income of at least USD 1,500, whilst
passive investors require a monthly income of at least USD 2,000. Passive
investors must have received this income within Dominican territory during a
period of at least five years prior to the application. This permit is issued
within 45 business days and is granted for one year and for two years once it
has been renewed.
6.2 Procedures
Currently, foreign nationals can enter Dominican territory with an initial visa or
tourist card, but before this expires, they must apply for the corresponding
immigration permit at the General Immigration Department in the Dominican
Republic.
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6.3 Documents
The documents required for requesting Dominican residence permits are listed
in section 4.2 above.
Note that certain additional documents are required for specific types of
applications, as follows:
•
•
•
•
letter of guarantee issued by a Dominican person or company established
in the Dominican Republic (applies only to the ordinary residence visa)
employment agreement (applies only to the investment residence)
certificate of registration of foreign investment of at least USD 200,000
(applies only to the investment residence)
certificate issued by the Social Security Ministry establishing the income of
the retiree (applies to applications for residence by retirees).
Also note that if the application includes a residence permit for a spouse or
children, the following additional documents must be provided:
•
•
•
•
•
•
•
birth certificate of each child and spouse
copy of each page of the passport
medical examination
application form
four front and side photographs
marriage certificate of the parents (of children) and
letter from Dominican sponsor or guarantor.
148
1. INTRODUCTION
153
2. SOURCES OF LAW
153
154
3.1 Visas
3.3 Procedures
3.4 Documents
154
154
154
155
155
4.1 General
4.2 Procedures
4.3 Documents
155
156
157
5. WORK PERMITS
157
5.1 General
5.1.1 Procedures
5.1.2 Documents
157
160
160
160
5.2.1 Procedures
5.2.2 Documents
160
160
160
6.1 General
6.2 Procedures
6.3 Documents
160
162
162
Estonia
Immigration - An International Handbook - ESTONIA
1. INTRODUCTION
Estonia became a member of the European Union on 1 May 2004. Since 21
December 2007, Estonia has been a part of the Schengen visa area.
Information regarding visas is available at the homepage of the Estonian
Ministry of Foreign Affairs (available at http://www.vm.ee) and information
concerning residence permits and work permits is available at the homepage
of the Police and Customs Board (available at http://www.politsei.ee).
2. SOURCES
OF LAW
The main sources of legislation regulating this field are:
•
•
•
•
The Aliens Act, which entered into force on 1 October 2010 – this
regulates the entry of foreign nationals into Estonia, their stay, residence
and employment. It also regulates the basis for legal liability of foreign
nationals.
The Citizen of European Union Act, which entered into force on 1 August
2006 – this regulates the basis for the stay and residence of citizens of the
European Union and their family members in Estonia.
Regulation No 2009/810/EC of the European Parliament and European
Council, dated 13 July 2009 – this regulation sets out the European Union
‘Rules on Visas’.
Regulation No 2008/767/EC of the European Parliament dated 9 July 2008
– this regulation concerns the Visa Information System (VIS) and the
exchange of data between Member States on short-stay visas (VIS
Regulation).
Practicalities are specified in several Regulations issued by Government or
Ministers. The more important ones are:
•
•
Regulation No 83 of the Government of Estonia, which entered into force
on 1 October 2010 – this sets out the requirements and dates for applying
for, refusing and abolishing visas and the financial and health insurance
requirements necessary for applying and possessing a visa.
Regulation No 88 of the Government of Estonia, which entered into force
on 1 October 2010 – this specifies the order and forms for applying for,
extending and abolishing the short-term residence permit and work permit
and for applying for, restoring and abolishing the long-term resident
permit.
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•
•
Regulation No 24 of the Minister of Internal Affairs, which entered into
force on 1 October 2010 – this specifies the rules concerning registration
of short-term working for foreign nationals.
Regulation No 28 of Minister of Internal Affairs of Estonia, which entered
into force on 1 October 2010 – this sets out the form and requirements for
applications for extending the period of stay.
3. VISITORS
3.1 Visas
Nationals of EU Member States and the EEA along with third-country
nationals, who hold residence permits of a Schengen State, do not need a
separate visa to enter Estonia.
A long-stay visa is issued in specific cases as set out in the Aliens Act and applies
to stays of up to six months during a 12-month period. The maximum validity
period of the long term visa is 24 months.
A visa application should be submitted in person to an Estonian embassy or
consulate or to another State representing Estonia in issuing Schengen visas. A
list of Estonian embassies and consulates and other States which can represent
Estonia is available at http://www.vm.ee/. A foreign national may submit a visa
application by post in the country where he or she permanently resides, if it does
not have an Estonian embassy or consulate.
In exceptional cases, as established by the ‘Rules on Visas’, a foreign national can
apply for a visa at a border checkpoint.
Visa applications are resolved with 15 to 30 days of their being filed.
In addition, the holders of passports of the following countries do not need a
visa to enter Estonia for stays of no more than 90 days in a six-month period:
Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados,
Brazil, Brunei, Canada, Chile, Costa Rica, Croatia, El Salvador, Guatemala,
Honduras, Hong Kong Special Administrative Region, Israel, Japan, Macao
Special Administrative Region, Macedonia (note: only for biometrical passport
holders), Malaysia, Mauritius, Mexico, Monaco, Montenegro (note: only for
biometrical passport holders), New Zealand, Nicaragua, Panama, Paraguay,
San Marino, Serbia (note: only for biometrical passport holders), Seychelles,
Singapore, South Korea, St Kitts-Nevis, the United States of America, Uruguay,
Vatican City and Venezuela.
All holders of passports from places not mentioned above need a visa to stay
lawfully in Estonia.
3.4 Documents
The following documents must be submitted:
•
•
•
•
•
•
•
•
If a person is visiting Estonia on legal grounds (i.e. he or she holds a visa or
entered from a visa free area) for business reasons, he or she can essentially do
any legal activity during the permitted period of stay, apart from working for
an Estonian organisation (short-time working is allowed under certain
circumstances - see section 4 below).
3.3 Procedures
There are three types of visa: an airport transit visa, a short-stay visa (for stays of
no more than 90 days in a six month period) and a long-stay visa. Issue of an
airport transit visa and a short-stay visa is set out in the ‘Rules on Visas’.
154
the application form (available at http://www.vm.ee)
a valid travel document, issued within the previous 10 years, containing at
least two blank pages for visa stamps and valid for at least three months
after the expiry date of the visa
one passport-sized photo (size 35x45 mm)
an health insurance policy
documents proving the reason for travel
documents in relation to accommodation or proof of sufficient means to
cover the accommodation
documents indicating that the foreign national possesses sufficient
financial means
a document proving payment of the visa fee.
4. WORKERS
4.1 General
The following foreign nationals do not need work permit:
•
•
those with a long-term residence permit
those with a residence permit for working.
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The following categories of workers, who do not have a long-term residence
permit or a residence permit for working, do not need a separate work permit
and neither are they obliged to register the fact they are working with the
Police and Customs Board:
•
•
•
•
•
•
•
•
an imprisoned person while imprisoned
a member of a locomotive crew
a member of service personnel of a locomotive or a train
a driver who transfers people or cargo across state borders
crew of an aircraft.
There are specific rules for foreign nationals who wish to commence work in
Estonia as a member of the management team of a legal person, with the duty
to perform managerial or supervisory functions. Such a person may take up
employment in Estonia without being issued a work permit or a residence
permit and without registering for short-term employment in the Police and
Customs Board for a period of up to six months per year (but not longer than
his or her period of lawful stay). The foreign national must have a legal basis
for staying in Estonia (i.e. having a visa or having entered Estonia from a
visa-free area), but need not have a residence permit in order to perform the
work described above.
There are also specific rules for special categories of short-term work. A
foreign national, who (i) has a legal basis to stay in Estonia, but does not have
a residence permit for working or a separate work permit; (ii) whose
employment has been registered with the Police and Customs Board before his
or her employment commences; and (iii) whose term of employment does not
exceed six months per year, may be permitted to take up employment in
Estonia without being issued with a work permit or a residence permit. This
applies only to the following cases:
•
•
•
•
•
•
•
•
artistic activities, i.e. working in a performing arts institution
employment as a teacher or lecturer in an educational institution
employment in scientific research
sportsmen, coaches, referees or sports officials, in order to engage in
professional activities, by invitation from a corresponding sports federation
employment for vocational training purposes, by way of field training for
a foreign educational institution or a students’ organization, or by referral
from an educational institution, if this is a part of its curriculum
employment on a youth project, if the project is accepted by the Ministry
of Education and Research
employment as service personnel in the diplomatic representation of a
foreign State, with the permission of the Ministry of Foreign Affairs
employment as an au pair
156
•
employment as an expert, adviser or consultant, if the foreign national has
sufficient professional experience
employment as an installer of equipment or a skilled worker, if the foreign
national has sufficient professional experience
participation in seasonal work involving the processing of primary
agricultural products
under the conditions provided for in an international agreement.
4.2 Procedures
An employer can apply for the registration of a foreign national’s short-term
employment in Estonia on his or her behalf, if the foreign national is staying in
Estonia on the basis of a visa, or if he or she is staying there visa-free. The
application must be submitted and signed by the employer. Short-term
employment will not be registered for a foreign national who is staying in
Estonia on the basis of a residence permit. In such a case, the foreign
national must apply for a work permit or residence permit for work.
Applications can either be submitted in person or by email to the Police and
Customs Board.
4.3 Documents
•
•
•
•
•
•
•
an application form (available at http://www.politsei.ee)
the annex to the application form (available at http://www.politsei.ee)
a passport-sized photo (size 40 x 50mm)
a copy of the page in the foreign national’s travel documents showing his
or her personal data
a copy of the page from the identity document of the person submitting
the application showing his or her personal data, if the application is not
submitted by the employer personally
a document proving payment of the State fee
additional documents submitted with the application (e.g. concerning
professional experience) are specified in Article 6 of Regulation No 24 of
the Minister of Internal Affairs, which entered into force on 1 October
2010.
5. WORK PERMITS
5.1 General
A foreign national who has legal grounds for temporary stay in Estonia (i.e.
visa or visa-free) may work without a work permit for up to six months per
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year, on the terms provided by an international agreement, if his or her
employment has been registered with the Police and Border Guard Board prior
to commencement of work (i.e. short-time employment).
Short-time employment cannot be registered for a foreign national who is
staying in Estonia on the basis of a residence permit. Only the residence
permit for employment and the residence permit for entrepreneurship give
permission to work without applying for a separate work permit. If the
residence permit is issued on other grounds (e.g. to enable residence with a
close relative permanently residing in Estonia), a separate work permit is
necessary to enable work. However, there are certain additional limitations to
be considered when applying for a work permit, e.g. a work permit will not be
issued if the foreign national has been issued a residence permit on the
grounds that he or she has sufficient lawful income on which to live.
Residence permit for employment
This is issued for the period during which the employer guarantees
employment to a foreign national in Estonia, which may be for no longer than
two years, but can be extended. As a general rule, a foreign national can be
granted a residence permit for employment if an open recruitment procedure
has been carried out to find staff for the relevant position and if, within three
weeks, it has not been possible to recruit a domestic worker through the state
employment mediation service. In addition, the Estonian Unemployment
Insurance Fund must give its consent before the foreign national can be
employed. The consent of the Unemployment Insurance Fund is not required
where the foreign national is:
•
•
•
•
•
•
•
•
•
a clergyman, nun or monk invited by a religious union and the invitation
has been accepted by the Ministry of Internal Affairs
a journalist accredited by the Ministry of Foreign Affairs
working in a performing arts institution
employed as a teacher or lecturer in an educational institution
doing scientific research
working as a sportsman, coach, referee or sports official, in order to
engage in professional activities, by invitation of a corresponding sports
federation
a member of the governing body of a legal person registered in Estonia
and is performing managerial or supervisory functions
a ‘posted worker’ in the meaning of the Working Conditions of Workers
Posted in Estonia Act
a long-term residence permit holder of an EU Member State.
158
Residence permit for entrepreneurship
Residence permits for entrepreneurship can be issued to foreign nationals with
holdings in Estonian companies or operating as a sole proprietors in Estonia,
if:
•
•
•
the company or the sole proprietorship is registered with the Commercial
Register of Estonia
based on the interests of the State, the intended enterprise is necessary for
the development of the Estonian economy
the foreign national’s ongoing presence in Estonia is of essential
importance to the enterprise.
A residence permit for entrepreneurship can be issued to a foreign national
who has sufficient finances to engage in business in Estonia, including capital
in an amount of at least EUR 64,000. The foreign national must control his or
her financial resources, which must be invested in business activities in Estonia.
The foreign national must have a business plan which describes the nature and
extent of the intended business activities and sets out the number, requisite
qualifications and skills of the staff needed for such activities.
A foreign national who has been issued with a residence permit for
entrepreneurship can be employed by the organisation indicated in the
residence permit for the performance of ‘directing’ functions. Working for
another employer is not allowed.
Work permit
A work permit will not be issued to a foreign national who stays in Estonia
under a visa (short-time working is, however, allowed, if registered with the
Police and Customs Board in the terms provided by the relevant international
agreement) or if a foreign national has been issued a residence permit on the
grounds that the foreign national’s permanent lawful income is sufficient to
live on in Estonia.
A work permit will only be issued to a foreign national who holds a temporary
residence permit. Even then there are certain limitations that have to be taken
into account. The maximum period for a work permit issued to such a person
must not exceed the validity of his or her residence permit. The validity of a
work permit may be extended until the expiry of the residence permit.
An employer who employs a foreign national must submit a standard
confirmation letter to the Police and Customs Board.
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5.1.1 Procedures
A foreign national may submit an application for a work permit in person at
the Service Office of Citizenship and Migration Board of the Prefecture. The
applicant may apply simultaneously for a work permit and temporary residence
permit to the foreign representation of the Republic of Estonia. It is also
possible to submit the application by post addressed to the Police and Border
Guard Board. If using the post, copies of the documents can be submitted. The
applicant should sign, date and print his or her name on every page to attest
to its conformity to the original.
5.1.2 Documents
•
•
•
•
•
•
•
•
•
an application form (available at http://www.politsei.ee)
an identity document of the applicant
a passport-sized photo (size 40 x 50mm)
a permission to work from an educational institution
a written explanation of the need to work by the applicant
data concerning the employer (registry code or Estonian personal code,
field of activity, address, phone, fax and email addresses of the employer)
work description
data concerning the contract of employment (including the type of
contract, amount of work per month, estimated duration, salary)
a document certifying payment of the State fee.
Not applicable.
5.2.1 Procedures
Not applicable.
5.2.2 Documents
Not applicable.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
A family member has the right to stay in Estonia together with an EU citizen
for up to three months, on the basis of a valid travel document and a visa.
During this period, he or she has no right to work in Estonia or operate as a
self-employed person. If a family member wishes to stay for a longer period,
he or she must submit an application for a right of temporary residence.
160
A distinction must be made between cases where a dependant wishes to
settle with a close relative or spouse, who is an Estonian citizen, or any other
EU citizen, and cases where a dependant wishes to settle with a close relative
or spouse who is staying in Estonia under a residence permit.
Dependant wishes to settle with a close relative or spouse who is
staying in Estonia under a residence permit.
Temporary residence permit can be issued to the following family members, so
that they can settle with a close relative, who is a foreign national and has a
residence permit:
•
•
•
•
•
a spouse, if the foreign national (the other spouse) has resided in Estonia
for at least two years on the basis of a residence permit (the duration of
the residence permit is dependent on the length of the marriage, from one
to three years)
a minor child
an adult child, if the child is unable to cope independently for reasons
of health or disability
a parent or grandparent, if he or she needs care which it is not
possible for him or her to receive in the country of his or her location, or
in another country. His or her permanent legal income, or the permanent
legal income of his or her child or grandchild who legally resides in Estonia,
must ensure that the parent or grandparent will be maintained in Estonia
(the foreign national residing in Estonia must have a permanent residence
permit)
a person under guardianship, if the permanent legal income of the
guardian (the foreign national) ensures that the person can be maintained
in Estonia.
A residence permit that is issued to one of the persons mentioned above,
cannot be for a longer duration than the residence permit that is issued to the
foreign national with whom the person settles.
Dependant wishes to settle with a close relative or spouse who is an
Estonian citizen, or any other EU citizen
The following persons, who are not EU or Estonian citizens, are considered to
be family members of EU citizens and can obtain a residence permit:
•
•
•
the spouse of the EU citizen
a child under 21 years of age or a dependant adult child of the EU citizen
a dependent parent of the EU citizen or of his or her spouse
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•
a person who is dependent on the EU citizen or has a shared household
with him or her in the country of origin, or a person who, because of his
or her state of health, is taken care of by the EU citizen.
The right of residence of family members can be either temporary or
permanent. The right of temporary residence is granted for up to five years but
not for longer than the period the EU citizen resides in Estonia. A family
member who has resided in Estonia permanently for five successive years, on
the basis of the right of temporary residence, will obtain the right of
permanent residence.
6.2 Procedures
A family member, who is not an EU citizen, may enter Estonia on the basis of
a visa. If a family member wishes to stay for longer than three months, he or
she must submit an application for a temporary residence permit.
The application for a temporary residence permit must be submitted personally
by a family member, or his or her legal representative, to an Estonian embassy
or consulate or to the Police and Customs Board.
Residence must be registered within one month from the date that the right
of temporary residence is granted.
6.3 Documents
•
•
•
•
•
a standard application form
an identity document of the foreign national
a passport-sized photo (sized 40x50 mm)
a document certifying that the foreign national is a family member
a document certifying payment of the State fee.
In addition, legislation provides a list of specific documents that need to be
submitted by the dependant for submission of the application for a residence
permit (for a spouse, child, parent or grandparent). This information can be
found from the website of the Police and Customs Board (www.politsei.ee).
162
1. INTRODUCTION
167
2. SOURCES OF LAW
167
167
3.1 Visas
3.3 Procedures
3.4 Documents
167
167
167
168
169
4.1 General
4.2 Procedures
4.3 Documents
169
170
170
5. WORK PERMITS
170
5.1 General
5.1.1 Procedures
5.1.2 Documents
170
171
171
5.2.1 Procedures
5.2.2 Documents
171
171
171
172
6.1 General
6.2 Procedures
6.3 Documents
172
172
172
Finland
Immigration - An International Handbook - FINLAND
1. INTRODUCTION
Being a member of the EU, Finland provides preferential treatment for EU, EEA
and Swiss citizens. Finland is also a Schengen country and therefore only the
border crossings to and from Russia are actively controlled. Specific
immigration agreements have also been concluded with the other Nordic
countries.
In 2009, there were about 155,000 foreign nationals living permanently in
Finland. Approximately 4,000 work permit applications were filed in 2009, out
of which 2,900 were accepted. The average processing time for work permit
applications in 2009 was 54 days.
2. SOURCES
OF LAW
The main source of law governing immigration in Finland is the Aliens Act, No
301/2004, as amended.
3. VISITORS
3.1 Visas
As a general rule, all foreign nationals (except for citizens of the EU and EEA
Member States and Switzerland) require a visa to enter Finland. The Schengen
countries have jointly decided which countries' citizens are not required to
present a visa when entering the Schengen area.
The list of necessary travel documents for entering Finland by nationality is
available at: http://formin.finland.fi.
Business visitors may not take up paid employment while on a business trip in
Finland. The duration of their stay is limited by the same rules as for tourist
visitors. The maximum permitted duration of a visit in Finland without a
residence permit (for example, a worker's residence permit) is three months
within any six-month period.
3.3 Procedures
There are no specific procedures for those business visitors who are not required
to have a visa. Finland issues the following types of visa for those that require
one:
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•
•
•
•
•
•
single entry visa – this is issued for one journey during which the foreign
national can stay in the Schengen area for up to 90 days within a six-month
period
double-entry visa – this allows a foreign national to enter the Schengen area
twice for a combined total of 90 days within a six-month period
multiple entry visa – this allows several visits to the Schengen area. The total
duration of the overall stay is the number of days stated on the visa, at most
a combined total of 90 days within a six-month period. The period of six
months starts on the day of entry into the Schengen area. The visa is valid
for a maximum of one year
transit visa – this is granted for persons travelling through the Schengen area
to a country that is not party to the Schengen agreement. A transit visa
allows one or several transits for a maximum of five days at a time
airport transit visa – this is needed by citizens of only a few countries. It
allows a foreign national to use the international part of the airport without
actually entering Finland
re-entry visa – this is for a return journey to Finland, for example during the
examination of a residence permit matter.
If Finland is the foreign national’s main destination in the Schengen area, the visa
application must be filed at the Finnish Embassy or Consulate in his or her
country of residence. If his or her country does not have a Finnish Embassy or
Consulate, the visa must be applied for at a Finnish mission in the nearest
country. In some countries, Finland is represented by another Schengen country's
Embassy or Consulate that also issues visas for Finland.
3.4 Documents
The required documentation for a visa application varies somewhat,
depending on the foreign national's country of origin, but generally includes
the following:
•
•
•
•
•
a visa application form and a passport sized colour photograph
a passport valid for at least three months from the end of the journey
travel insurance that covers the Schengen area and the duration of the
stay. The insurance indemnity should be at least EUR 30,000 and it should
cover sudden illness or accidents (including travel home) and
transportation home in the event of death
documents that state the purpose of the visit, its conditions and duration.
This may include copies of tickets, confirmed hotel bookings and private or
official letters of invitation
if required, proof of sufficient funds for the duration of the stay, i.e. at least
EUR 30 per day.
168
On some occasions, the Embassy or Consulate may want to interview the
foreign national to ask about the purpose of the visit.
4. WORKERS
4.1 General
A foreign national may, in certain circumstances, have a limited or unlimited
right to work in Finland on the basis of a residence permit, other than a
worker's residence permit.
For example, a foreign national who has been issued with a permanent
residence permit, a long-term resident’s EU residence permit or a continuous
residence permit on grounds other than those of employment or
self-employment, enjoys an unrestricted right to take up paid employment. In
addition, a foreign national who has been issued with a residence permit on
the basis of family ties has the right to gainful employment.
Further, foreign nationals have an unlimited right to gainful employment, if
they have been issued with a fixed-term residence permit and they work, for
example, in ‘expert duties’ in the middle or top management of an
organisation or in ‘expert duties’ that require special expertise.
A foreign national has a limited right to work in Finland when he or she has
been issued with a residence permit for the purpose of working as a visiting
teacher, lecturer, trainer, consultant or researcher, on the basis of an invitation
or agreement. The same applies, for example, to certain internships and
after-sales installation and service. Certain limited time periods are applied in
this category.
A right to work without any residence permit exists only within certain
professions and for a certain limited time period. Particularly, employment
without a residence permit is possible for a maximum of three months, if the
foreign national arrives in Finland on the basis of an invitation or agreement to
work as an interpreter, teacher, expert or umpire. The same applies to
professional artists and athletes, berry and fruit pickers and to persons who
enter Finland on the basis of a hosting agreement and who carry out a
research project specified in the EU directive on researchers. The permit-free
time period is restricted to three months within each six-month period of
residence in Finland.
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As a special category, EU and EEA citizens can freely work or practice a
profession in Finland for a maximum of three months. If the stay lasts longer
than that, they must register their right to reside in Finland at a local police
department. However, they do not need a residence permit.
4.2 Procedures
As a general rule, the first residence permit should be applied for before
entering Finland at a Finnish Embassy or Consulate in the foreign national’s
current country of residence. In the above-mentioned cases, where the right
to work is based on a residence permit other than a worker’s residence permit,
no further procedure is necessary to access employment on the basis of which
the residence permit has been granted.
In the case of permit-free work for a maximum period of three months, no
procedure is necessary before entering Finland. However, non EU and non-EEA
citizens must have a visa unless they come from a country whose citizens are
not required to present a visa when entering the Schengen area.
4.3 Documents
The necessary documentation depends on the type of residence permit the
foreign national is applying for. In the case of a fixed-term residence permit for
one of the above-mentioned specific types of duties, the foreign national must
provide the necessary documentation to show that he or she has a fixed-term
employment or service contract in Finland. Further documentation may be
required, for example, relating to the foreign national’s education.
Entitlement to carry out the specific types of assignments without any
residence permit for the maximum period of three months is shown by
documentation in free form, for example, in the form of a written invitation or
agreement.
5. WORK PERMITS
5.1 General
Employment of a non-EU or non-EEA citizen in Finland usually requires a
worker’s residence permit, which is applied for prior to entering Finland.
A worker’s residence permit is usually granted for a certain professional field.
The foreign national can change the place of employment within the
professional field for which he or she has been granted a residence permit.
5.1.1 Procedures
The first worker’s residence permit is applied for before entering Finland at a
Finnish Embassy or Consulate in the foreign national’s current country of
residence. In some exceptional cases a residence permit may be applied for in
Finland, particularly if an employment contract has already been signed and it
relates to work for which recruitment involves an evaluation of aptitude that
can best be conducted in Finland.
Also, the employer may submit the application on behalf of the foreign
national without separate authorisation.
Before a worker’s residence permit is granted, the needs of the job market are
taken into consideration.
5.1.2 Documents
The foreign national fills in application form ‘OLE_TY1’ (residence permit
application for employment) and the employer fills in form ‘TEM054’
(appendix to the foreign national’s residence permit application form). A
specific application form is filled in by the self-employed. All forms are
available on the Internet site of the Finnish Immigration Service.
The appendices to an application for a foreign national’s residence permit
include:
•
•
•
a photograph
proof of sufficient means of subsistence.
The employer must provide written information on the principal terms of
employment and give an assurance that the terms comply with the law and
the relevant collective employment agreement.
At the moment, there are no special preference categories in use in Finland.
The new EU Directive on the conditions of entry and residence of highly
qualified non-EU nationals (the EU Blue Card system) will be adopted by 19
June 2011.
5.2.1 Procedures
Not applicable.
5.2.2 Documents
Not applicable.
170
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6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Family members of a foreign national are usually issued with a residence
permit for the same period of time as the foreign national. The family
members’ means of subsistence must be secured. Family members who have
a residence permit granted on the basis of family ties have a right to gainful
employment and study in Finland.
Under the Aliens Act, unmarried children under 18 years of age, over whom
the foreign national residing in Finland or his or her spouse has guardianship,
are considered as dependant family members. A foster child can be considered
as a family member, if the child is de facto under the parent’s or guardian’s care
and custody and in need of such care.
6.2 Procedures
The family member’s residence permit must generally be applied for prior to
entering Finland. Alternatively, the foreign national living in Finland can submit
the application to the police in Finland. Under specific circumstances a family
member may apply for the permit when already in Finland, if he or she and the
foreign national living in Finland intend to continue the family life they had
previously begun abroad.
6.3 Documents
Application forms for family members' residence permits are available on the
Internet site of the Finnish Immigration Service. The applicant fills in the
actual application form and the foreign national who already has a residence
permit in Finland fills in the clarification form on family ties. The necessary
documentation includes a copy of a valid travel document, a photograph and
proof of sufficient means of subsistence. For children, a birth certificate and
the consent of any other guardian to the child moving to Finland is required.
For a spouse, the marriage certificate, or proof of registration of the
relationship, or clarification of continuous cohabitation is required.
172
1. INTRODUCTION
177
2. SOURCES OF LAW
178
178
3.1 Visas
3.3 Procedures
3.4 Documents
178
180
181
182
184
4.1 General
184
5. WORK PERMITS
186
5.1 General
5.1.1 Procedures
5.1.2 Documents
186
186
189
5.2.1 Procedures
5.2.2 Documents
189
189
189
189
6.1 General
6.2 Procedures
6.3 Documents
189
190
190
France
Immigration - An International Handbook - FRANCE
1. INTRODUCTION
Every foreign national over 18 years of age needs a residence permit (‘carte de
séjour’) to stay in France. In accordance with the French Foreign Nationals
Code (Article L.311-1), he or she must obtain one within three months of his
or her entry into the country. This principle applies to everyone, except for:
•
•
citizens of the EU, EEA and Switzerland
citizens where there is an international treaty between the countries
involved.
Based on European legislation, French law recognises three categories of
foreign nationals:
•
•
•
European foreign nationals – two pieces of French legislation are
applicable: the Law of 24 July 2006 and the Law of 20 November 2007.
Additionally, the Decree of 21 March 2007, applying the European
Directive of 29 April 2004. The principle is the free movement of
individuals.
Non-European foreign nationals – those in this category need an
official permit in order to stay or travel in France.
Foreign nationals from countries with bilateral conventions with
France – the French Foreign Nationals Code does not apply to this
category (Article D.131-1).
In addition, the economic migration regulations contain various provisions that
existed prior to the law of 24 July 2006. The general provisions that apply to
workers, whether temporary or long term, has for the most part been
retained, although certain procedures have been simplified and legal tools
have been created for new categories.
The provisions relating to scientific, artistic and cultural professions and
seconded employees (excluding intra-group mobility) remain unchanged.
France welcomes about 170,000 non-European foreign nationals for long
stays (of more than three months) every year.
A new bill was discussed in the French Parliament at the end of September
2010. The purpose is to transpose into French legislation three European
Directives:
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•
•
•
Directive 2008/115/EC of 16 December 2008 - concerning return
procedures to third countries for illegal immigrants
Directive 2009/50/EC of 25 May 2009 - concerning the ‘European blue
card’, determining conditions of entry and stay for non-European foreign
nationals wishing to occupy highly qualified positions
Directive 00/52/EC of 18 June 2009 - concerning sanctions against
employers who hire non-European foreign nationals, whose stay is illegal.
2. SOURCES
OF LAW
The following are the main sources of law:
•
•
•
•
•
•
Law 2006-911 of 24 July 2006, relating to immigration and integration
Decree 2007-373 of 21 March 2007, applying Law 2006-911 and
modifying the code of entry and stay and the right of asylum
Law 2007-1631 of 20 November 2007, relating to the control of
immigration and integration and to asylum
Decree 2008-634 of 30 June 2008, relating to work permits for
foreigners and modifications of the labour code
Decree 2009-477 of 27 April 2009, relating to certain categories of
visas for stays in France of more than three months
Decree 2009/609 of 29 May 2009, relating to the reception of the
foreign trainees.
Several factors determine whether a visa requirement will be waived:
•
•
•
•
As far as visas are concerned, the legislation divides the territory of the French
Republic into the following three sections, where different regulations apply:
•
•
•
•
3.1 Visas
Unless a special dispensation is granted, admission into and residence in
France require a visa. The category of visa is primarily determined by the
duration of and reason for residence.
The main visa categories for international mobility are:
•
•
the short-stay visa (up to 90 days)
the long-stay visa (more than 90 days).
All foreign nationals who wish to come to France must be able to present the
corresponding ‘transit’ or ‘visitor’s visa’, if their nationality requires them to do
so.
178
the European territory of France, which is part of the Schengen area
the territory of Overseas Departments, ‘Outre Mer’ (Réunion, Martinique,
Guadeloupe and French Guyana)
overseas territorial communities: French Polynesia, New Caledonia,
Mayotte, the French Southern and Antarctic Territories.
The visa requirement is waived for:
•
3. VISITORS
the nationality of the foreign national
the holding of a residence document in France or in another country
adhering to the Schengen Agreement
the duration of the stay
which part of the French Republic the foreign national is to visit.
•
•
•
citizens of the following countries: Andorra, Argentina, Australia,
Bermuda, Brazil, Brunei, Canada, Chile, Costa Rica, Croatia, El Salvador,
Guatemala, Holy See, Honduras, Israel, Japan, Malaysia, Mexico, Monaco,
Nicaragua, New Zealand, Panama, Paraguay, San Marino, Singapore,
South Korea, the United States, Uruguay and Venezuela
holders of passports from the Hong Kong Special Administrative Region of
the People’s Republic of China and the Special Administrative Region of
Macao of the People’s Republic of China
holders of a valid residence document in France
holders of a residence document issued by a country that adheres to the
Schengen Agreement
holders of a travel document issued by a country that adheres to the
Schengen Agreement.
The European territory of France is part of the Schengen area. The Schengen
area includes the territory of the following EU countries and associated
countries: Austria, Belgium, Denmark, Finland, Germany, Greece, Iceland, Italy,
Luxembourg, Norway, the Netherlands, Portugal, Spain and Sweden.
A short stay is a stay in the Schengen area of either less than 90 days or
multiple stays totaling less than 90 days within a period of six months. A short
stay visa is commonly referred to as a ‘Schengen Visa’, because it enables the
holder to travel throughout the 25 States of the Schengen area. This short-stay
visa is primarily intended for business travellers, official visitors and personal
visitors.
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Since 1 June 2009, a new long-term stay visa with the specific designation of
‘visitor’ can be delivered by embassies and consulates, exempting their
beneficiaries from the need to request an official permit at the ‘Prefecture’ (i.e.
the administrative centre of the Department) for the duration of the ‘visitor
visa’.
In the case of long stays in France, i.e. over 90 days, citizens of the following
countries are not required to have a long-stay visa: Member States of the EU,
the EEA, Switzerland, Monaco and Andorra.
General
The French Business Code (Article L.122-1) provides that a foreign national
who does not reside in France cannot be engaged in any commercial,
industrial or craft occupation in France in any manner that requires his or her
registration or inclusion in the register of companies or the trade register. To
be included in the register of companies the foreign national must make a
prior declaration to the Prefect of the Department in which he or she
envisages initially conducting business. This provision does not apply to EU,
EEA and Swiss nationals.
Since the Decree of 11 September 2009, a foreign investor who wishes to
make an investment in France of over EUR 10 million, or who plans to create
or save at least 50 jobs can apply for an ‘exceptional economic contribution
residence permit’, valid for a period of ten years (renewable). The Prefect of
the Department where the investment is planned is authorised to review the
application.
Temporary Business activities
Business people wishing to conduct business relations in France without
actually residing in the country may request a ‘circulation visa’. A ‘circulation
visa’ is a specific Schengen visa issued for a total period of between one and
five years, thereby saving holders with legitimate business activities in France
from having to apply for a new visa each time they travel.
The short-stay visa does not authorise the holder to engage in paid
employment, for which a work permit must be obtained.
Therefore, when an organisation wishes to send to or receive an employee in
France for an assignment of less than three months, the reason for the stay
must be specified, as follows:
•
Foreign directors who reside in France and wish to create or take over an
existing organisation, can under certain conditions, obtain a ‘skills and
expertise residence permit’ which is valid for three years and also renewable.
If the conditions for issuing a ‘skills and expertise residence permit’ are not
met, they can apply for a ‘business activity visa’, which is valid for one year and
can be renewed.
The ‘business activity visa’ is open to all foreign nationals residing in France,
who wish to carry out a commercial, industrial or craft activity in France,
provided that they can justify that the activity is economically sustainable and
is compatible with public health and safety.
The ‘skills and expertise residence permit’ can be issued to foreign nationals
who wish to manage a subsidiary in France (i.e. an intra-group transfer of a
director) or who present a project for starting up an organisation (in which
there must be an investment of at least EUR 300,000 and the creation of at
least two jobs, and in addition, the parent organisation must have existed for
at least two years.
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•
if the foreign national is travelling to France on a business trip to attend
an occasional meeting or to meet clients, a short-stay visa is sufficient,
unless special dispensation is granted (based on nationality)
if the foreign national is travelling to France on a short-term assignment to
train, advise or provide technical assistance or expertise to the organisation
in France, a ‘temporary work permit’ (‘autorisation provisoire de travail’, or
‘APT’) is required, as well as a visa. The deciding factor is whether the
foreign national provides a service and/or effectively participates in the host
organisation and/or is under orders from the host organisation.
In general, visitors entering France in the framework of professional activities
will need to have some documentation to prove their status and the activity in
which they will take part (e.g. for foreign teachers this means their invitation
letter or employment contract related to lecturing activities in France; for
churchmen or religious representatives, documentation to prove their status
and the events that they will attend etc.).
3.3 Procedures
All foreign nationals who wish to come to France must be able to present
written proof of the purpose of their stay, as well as means of support and
accommodation. In some cases, they will need a visa to enter the country. Visas
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must be applied for from a French consular office before arriving in France.
•
A short-stay visa is valid for the whole Schengen area, except if the visa stamp
stipulates otherwise. As explained above, this is known as a ‘Schengen visa’. The
consular authorities of France and those of all other countries adhering to the
Schengen Agreement can issue Schengen visas, which are valid in France.
•
•
•
•
However, a foreign national cannot automatically submit his or her visa
application to a consular authority in any Schengen country. The competent
consular authority is determined by the main destination, which is the country in
which the foreign national plans to stay the longest:
•
•
Long-Stay Visa
Foreign nationals who wish to stay in France for personal reasons (e.g. a
family reunion, retirement) or professional reasons (e.g. to create an
organisation or engage in paid employment) for longer than 90 days, must
submit an application for a long-stay visa to the French consular authorities in
their country of residence.
•
•
if France is the main destination, the application must be submitted to the
French consular authority
if another Schengen country is the main destination, the application must be
submitted to the consular authority of that country
if the stays in the different Schengen countries are of the same length, the
country where the person first enters the Schengen area is the one that can
issue the visa.
3.4 Documents
Short-Stay Visa
To apply for a Schengen short-stay visa, foreign nationals are required to
submit one visa application per person, including the following items:
•
•
•
•
a passport with an expiry date beyond three months from the expected
expiry date of the short stay visa
a visa application form, duly completed and signed
three photographs meeting specific requirements
a visa application form for a child under 18 years of age, which must be
signed by a parent or legal guardian.
If any of the items provided do not meet the required criteria, the consular
personnel will not accept the application and will ask the foreign national to
present items that comply. If the foreign national insists on submitting his or
her application anyway, the application will be recorded, but a visa will not be
issued and the other items in the application will not be examined.
•
The long-stay visa is in principle valid for a three-month period, during which
time the visa holder must go to the Prefecture to complete the administrative
formalities to obtain the residence permit corresponding to the purpose of
their stay (e.g. ‘expatriate employee’, ‘scientific activity’ or ‘business activity’).
Since 1 June 2009, some categories of foreign nationals have been issued a
‘long-stay visa equivalent to a residence permit’ (‘visa long séjour valant titre
de séjour’), which is valid for 3 to 12 months and does not require the holder
to apply for a residence permit at the ‘Préfecture’ for the first year.
This simplified procedure is available to students, spouses of French nationals
and visitors (who have means to support themselves financially and who
commit not to work in France), as well as employees with a work contract at
an organisation based in France, and employees whose foreign-based
organisation has temporarily seconded them to work in France for a specific
period of time.
To apply for a long-stay visa, foreign nationals are required to:
•
To apply for a Schengen short-stay visa, foreign nationals are required to
submit the following forms of proof:
•
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a passport with an expiry date beyond three months from the expected
expiry date of the short stay visa
proof of the purpose of their stay in the Schengen area
proof of their means of support during the stay and accommodation
proof of travel and repatriation insurance
guarantees of repatriation to their country of residence (return ticket or
adequate personal means to purchase one)
for children under 18 years of age, specific documents (signed by a parent
or a legal guardian)
any documents that help to convince the consular authority of their
intention to leave the Schengen area when the visa expires.
hold a travel document such as a passport, valid for the period of their
stay in France, or if their stay is over 12 months, for a period of 12
months
complete and sign a long-stay visa application
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•
•
•
attach identity photographs meeting the standard requirements of the
application form
pay the application fees
provide proof relating to the purpose of their stay in France and their
personal situation.
Additional documents may be required by the competent authority in order to
process the visas, including those of persons under 18 years of age.
4. WORKERS
4.1 General
EU, EEA and Swiss nationals are free to travel and work in France without a
visa, residence permit or work permit.
They must simply register with the ‘Mairie’ (i.e. the municipal administrative
centre) for their area within three months of their arrival. Only Romania and
Bulgaria, who joined the European Union on 1 May 2007, remain subject to
specific rules during the transition period, during which time nationals of these
two Member States must obtain a residence permit when carrying out an
economic activity, as well as a work permit for any work performed as an
employee.
There are some specific categories of foreign nationals that do not require a
work permit as such. They are as follows:
Interns
Foreign students coming to France in order to carry out a work training
placement or to follow a training session in an organisation could obtain a
special ‘intern residence permit’ (‘carte de séjour mention stagiaire’). They
need to produce training contracts concluded with a French institution or
organisation and validated by the Prefecture. They also need to have sufficient
financial resources to live in France. The contract is given to ‘DIRECTTE’
(Direction Régionale des enterprises, de la concurrence, de la consummation,
du travail et de l’emploi), which will examine the provisions of the agreement
(Article L.313-7-1 of the Foreign Nationals’ Code).
The duration of the validity of the ‘intern residence permit’ is linked to the
duration of the internship.
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A French Decree dated 29 May 2009, specifies the conditions for application.
The first training period must be limited to one year. A renewal is possible but
the maximum duration is 18 months.
Applicants in this category simply need to present any official identity
document or card, along with the internship agreement.
Students
Foreign students who follow a course in France and who can demonstrate that
they have sufficient financial resources can obtain a specific ‘student residence
permit’ (‘carte de séjour étudiant’). Unless there is a dispensation, foreign
students must present a long-stay visa for more than three months or a
short-stay visa listing a competitive exam (‘étudiant-concours’).
The ‘student residence permit’ is valid for the duration of the training or
studies and is renewable. Since 1 June 2009, a new long-term stay visa has
been available with the specific title of ‘student’, exempting the holder(s) from
requiring an official permit from the Prefecture for the duration of the visa. It
can be delivered by embassies and consulates.
Foreign nationals studying in France can engage in secondary paid
employment of up to 60% of the legal working year without a work permit,
if they file a declaration with the Prefecture of their domicile and obtain a
‘student long-term visa’ (equivalent to a residence permit). The visa is valid for
one year and can be renewed.
Pensioners
Foreign nationals originating from countries outside the EEA and Switzerland
can request a specific ‘pensioner residence permit’ (‘carte de séjour retraité’),
provided that they can prove:
•
•
•
they have been living in France with a residence permit card
they have established or are in the process of establishing their main
residence outside France
they have a retirement pension based on a French social security regime
(either directly or indirectly through a spouse).
The ‘pensioner residence permit’ is valid for ten years and allows a foreign
national to enter France at any time, for stays of a maximum length of one
year each. Pensioners in this situation are therefore exempt from having to
request an entry visa. This situation also applies to spouses.
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The ‘pensioner residence permit’ does not allow the holder to work. If such a
condition is required, the pensioner must request it at the Prefecture of his or
her domicile, if he or she lives in France. If the pensioner lives abroad, he or
she must request it at the consulate or embassy in the country of residence.
5. WORK PERMITS
5.1 General
EU, EEA and Swiss nationals are free to travel and work in France without a
visa, residence permit or work permit.
For other foreign nationals, the new legal instruments defined by the Law of
24 July 2006 facilitate the entry into France of foreign nationals whose
qualifications and professional experience meet the recruitment requirements
of organisations in France.
The new economic migration policy was designed to satisfy the needs of the
job market in France, while preserving the interests of the countries of origin
of the foreign nationals.
The French legal system allows the recruitment of a foreign national for a
period of less than 12 months, if the organisation cannot find an applicant
with suitable qualifications for the available position in the job market in
France.
three months of arriving. For holders of the‘skills and talents permit’, the
medical certificate can be obtained ‘a posteriori’ within a period of six months.
The ‘skills and talents permit’ (‘carte compétences et talents’)
If a foreign national has a specific project, the ‘skills and talents permit’, which
is valid for an initial period of three years and renewable thereafter, allows him
or her to carry out any professional activity of choice in connection with his or
her project.
It is intended to allow the foreign national to participate in the economic
development of France and/or his or her country of origin.
The foreign national’s family will receive a ‘private and family life permit’,
which will enable them to accompany him or her to France and work there.
The applicant national must submit an application to the French Consulate.
The French ambassador will decide whether or not he or she is eligible for this
permit.
The ‘salaried temporary residence permit’ and the ‘temporary worker
permit’ (‘carte salarié’ et ‘travailleur temporaire’)
Different residence permits can be issued, opening up access to specific
professions in France. These are as follows:
•
•
In principle, the employment situation will be taken in account. The
organisation must provide evidence of its failed search for an applicant in the
job market in France (for example, an attestation from the National
Employment Office, the ‘Pole Emploi’).
5.1.1 Procedures
Foreign nationals arriving in France as employees must present an endorsed
employment contract and obtain a medical certificate from the ‘ANAEM’
(‘Agence Nationale de l’Accueil des Étrangers et des Migrations’). The medical
examination can be carried out in the foreign national’s country of origin, if the
‘ANAEM’ has a delegation there, or in France within three months of his or her
arrival in the country.
Foreign nationals with an endorsed employment contract can carry out their
professional activity as soon as they arrive in France. However, their work
permit may be withdrawn, if they do not obtain a medical certificate within
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•
the ‘salaried temporary residence permit’: if the proposed employment
contract lasts at least one year
the ‘temporary worker residence permit’: if the proposed employment
contract lasts less than one year
a permit granted under a bilateral agreement.
The list of relevant professions in France can be found on the French
immigration website, which is at ‘www.immigration.fr’.
The ‘employee on assignment permit’ (‘carte ‘salarié en mission’)
Foreign nationals who have been employed for at least three months by an
organisation based abroad, are eligible to apply for this permit, which is valid
for an initial period of three years and renewable thereafter.
They can apply for this permit if they are:
•
•
seconded to one of the organisation’s establishments in France or to
another organisation within the same group
temporarily hired by an organisation based in France, which is part of
the same group as their employer.
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In both cases, they need to provide evidence of:
•
•
•
•
a gross salary equal to 1.5 times the minimum wage
their specific skills
an earlier employment contract with the foreign organisation, which
lasted at least three months
the temporary nature of the project.
After a continuous secondment of six months in France, their family members
will be entitled to a ‘private and family life permit’, allowing them to seek
employment.
The job market situation in France is not a criterion that would affect the
application process for this type of permit.
The ‘employee on assignment card for senior managers or high-level
executives’ (‘carte salarié en mission pour les cadres de haut niveau ou
les dirigeants’)
If a foreign national is employed by a French organisation which forms part of
an international group and he or she has special responsibilities or receives a
gross monthly salary that is greater than or equal to EUR 5,000, he or she will
be issued with a residence permit valid for a period of three years.
The foreign national’s family can accompany him or her with a ‘visitor
temporary residence permit’, which will allow his or her spouse to work (the
job market situation in France will not affect the application, if the spouse is
offered an employment contract with a gross monthly remuneration of at least
EUR 2,000).
The ‘seasonal worker permit’ (‘carte ‘travailleur saisonnier’)
If a foreign national is employed under a seasonal employment contract for a
period of more than three months, a ‘temporary residence permit’, valid for
three years and renewable thereafter, allows him or her to carry out seasonal
work for a maximum of six months over a period of 12 consecutive months.
The ‘scientific permit’ (‘carte de séjour temporaire portant la mention
scientifique’)
If a foreign national holds at least a Master’s degree or equivalent, he or she
can come to France to carry out research or teaching activities.
The foreign national must prove his or her status as a researcher and the
planned duration of the research work, and present a ‘hosting agreement’
(‘convention d’accueil’ ) from an accredited French research institution or
teaching facility.
The permit will be issued by the Prefecture, on presentation of the hosting
agreement, which must be endorsed by the French Consulate in the foreign
national’s country of origin.
5.1.2 Documents
The documents required vary according to each situation.
In the case of a secondment, employers based outside France (within or
outside Europe) who wish to temporarily assign employees to France must
make a mandatory preliminary declaration to the regional employment
inspector in the location where the process is taking place.
The declaration forms differ depending on the type of secondment and can be
found on the French Labour Ministry website.
Not applicable.
5.2.1 Procedures
Not applicable.
5.2.2 Documents
Not applicable.
6. LAWFUL
The foreign national can undertake several contracts in succession, provided
that he or she commits to spending no more than six months per year in
France and to maintaining his or her usual residence outside France. This
permit does not allow the foreign national’s family to join.
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STAY FOR DEPENDANTS
6.1 General
The reception and integration contract (‘contrat d'accueil et
d'intégration’, ‘CAI’)
Since 1 June 2009, Article 4 of the Decree of 27 April 2009, obliges spouses
to sign an agreement called a ‘contrat d’accueil et d’intégration’ when they
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are in France for a long stay (Article R.311-19 of the French Nationals Code).
This document is signed by the authority that provides the residence permit.
In France, ‘dependants’ refer to a spouse and direct family.
In the case of the ‘skills and talents permit’ holder, his or her family (defined
as a spouse and any minor children) will receive a ‘private and family life
permit’, which will enable them to accompany the holder to France and work
there. The applicant must submit his or her application to the French
Consulate. The Ambassador will decide whether the applicant is eligible for
this permit.
If a foreign national has an ‘employee and assignment permit’, after a
continuous secondment of six months in France, his or her family members will
be entitled to a ‘private and family life permit’ allowing them to seek
employment.
If the foreign national has an ‘employee and assignment permit’ card for
senior managers or high-level executives, his or her family can accompany him
or her with a ‘visitor residence permit’, which will allow his or her spouse to
work.
The ‘scientific permit’ does not allow family to join the permit holder.
6.2 Procedures
Foreign nationals who wish their family to join them in France need to
complete and supply three types of documents, which are available on the
French immigration website, as described below.
6.3 Documents
•
•
•
‘CERFA no 11436*04’, which must be handwritten in order to obtain a
‘relocation for family reasons’ authorisation (‘regroupement familial’). This
document must be sent to the French Regional Health Agency (which used
to be known as the ‘DDASS’, but is now called the ‘ARS’) or to the French
Immigration and Integration Office (‘OFFI’)
Secondly, ‘CERFA no 50674*04’, which lists the supporting documents
that a foreign national must supply along with the first document
‘CERFA no 11437*04’, which is a certificate proving that a foreign
national has the necessary housing facilities to accommodate his or her
family members.
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1. INTRODUCTION
195
2. SOURCES OF LAW
195
195
3.1 Visas
3.3 Procedures
3.4 Documents
195
196
196
197
197
4.1 General
4.2 Procedures
4.3 Documents
197
198
198
5. WORK PERMITS
199
5.1 General
5.1.1 Procedures
5.1.2 Documents
199
200
201
5.2.1 Procedures
5.2.2 Documents
201
201
202
202
6.1 General
6.2 Procedures
6.3 Documents
202
203
203
Germany
Immigration - An International Handbook - GERMANY
1. INTRODUCTION
The current legislation became effective as of 1 January 2005. The main law,
the German Residence Act (‘Aufenthaltsgesetz’), introduced new types of
residence permits and simplified the application process. Applications now
only need to be submitted to one authority (generally the German Embassy or
Consulate), which in turn is responsible for forwarding the application to all
other participating authorities (e.g. the Federal Employment Office,
‘Bundesagentur fuer Arbeit’).
Employers in Germany are not allowed to employ non-EEA nationals without
the necessary permission (i.e. a visa or residence permit).
There are four different types of residence permit: a visa, a temporary
residence permit, a permanent residence permit and an EC long-term
residence permit (for details see section 5 below).
2. SOURCES
OF LAW
The main sources of law are:
•
•
•
•
German Residence Act of February 2008 (amended on 30 July 2009)
German Citizens Act of 1 January 2005 (amended on 28 August 2007)
German Asylum Act of September 2008 (amended on 17 December 2008)
Act on the General Freedom of Movement for EU Citizens of 30 July 2004.
For more detailed information see also the webpage of the German Ministry
of Foreign Affairs (‘Auswärtiges Amt’): http://www.auswaertiges-amt.de/diplo.
3. VISITORS
3.1 Visas
EU and EEA nationals do not need a visa to enter Germany. In general, all
other foreign nationals require a visa unless they fall under a visa-waiver
programme or agreement. A detailed list of nationalities requiring a visa can
be found on the website of the Ministry for Foreign Affairs, which is at
www.auswaertiges-amt.de.
In any event, all foreign nationals require a visa for stays of more than three
months, or stays leading to gainful employment. The only exceptions apply to
EU, EEA and Swiss nationals.
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Business visitors must limit their activities to attending business meetings,
discussions, seminars, ‘fact-finding’ meetings or classroom training and
participating in expositions to present and sell their organisation’s products.
They may attend meetings with potential German clients, provided they
represent a commercial entity outside of Germany.
3.3 Procedures
Foreign nationals are required to apply for a visa and/or residence permit at the
German Embassy or Consulate in their own country prior to entering Germany.
Only Australian, Canadian, Israeli, Japanese, South Korean, New Zealand and US
nationals may acquire a residence permit from the competent local Aliens Office
after arriving in Germany without applying for a visa or residence permit at the
German Embassy or Consulate in their country of residence.
3.4 Documents
•
•
•
•
•
•
•
the duly completed application form
a valid passport and one copy
two passport photographs
proof of sufficient financial means
proof of sufficient health insurance coverage
proof of the intended address of residence in Germany
the employment contract or letter of intent from the future employer in
Germany and one copy.
Please note in individual cases, additional documents may be requested by the
competent authority.
The application must be submitted in person.
4. WORKERS
The duration of the visa application process can be up to three months, and
sometimes even longer, as the Aliens Registration Office will often need to
consult other authorities (e.g. the Federal Employment Agency). In general, there
is no difference in the duration of the application process, irrespective of whether
the application is made in Germany, or at a German Embassy or Consulate
abroad.
There are three types of visa:
Schengen (short-term) Visa
The Schengen Visa is valid for travel in 25 Schengen countries, including
Germany, for a stay of up to 90 days.
National Visa
A National Visa is required for persons who plan to stay in Germany for more
than three months.
Hybrid Visa
A Hybrid Visa is required for applicants intending to stay in Germany for a
period of more than 90 days, but needing to travel to another Schengen
country within the first three months of their stay.
4.1 General
EU citizens, citizens of Iceland, Liechtenstein, Norway and Switzerland
In general, every foreign national who wishes to work in Germany needs a
work permit. However, EU citizens, as well as citizens of Iceland, Liechtenstein,
Norway and Switzerland have the right to live and work in Germany and are
therefore exempt.
Working Holidays
For young people aged 18 to 30 years from Australia, New Zealand, Japan, the
Republic of Korea, Taiwan and the Hong Kong Special Administrative Region,
who wish to stay in Germany on a ‘Working Holiday’, a relevant visa is
sufficient. For the purpose of gaining an insight into the culture and daily life
of Germany, they can stay for up to 12 months and are allowed to work to
help finance their stay.
Foreign Students
Foreign graduates of German universities may stay in the country to look for a
job for one year upon completion of their studies.
The fee for all types of visa is EUR 60, but exemptions are possible.
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4.2 Procedures
•
EU citizens and citizens of Iceland, Liechtenstein, Norway and Switzerland just
need to register after their arrival with the appropriate office of the town hall
(usually called the ‘Einwohnermeldeamt’ or ‘Buergeramt’) of their place of
residence in Germany.
•
the employment contract or letter of intent from the future employer
in Germany and one copy.
Foreign Students
For information on the necessary documents please contact the Aliens Office.
5. WORK PERMITS
Working Holidays
Young people wishing to stay on a ‘Working Holiday’ in Germany must apply
for the relevant visa from the competent German mission abroad in good time
prior to entry. Only Australian, Japanese and New Zealand citizens may also
apply within Germany at any Alien’s Authority (‘Auslaenderbehoerde’). More
information on the duration of the application procedure, the documents to
be presented and fees etc., are available on the web pages of the various
German missions.
Foreign Students
Foreign students have to register at the Aliens Registration Office. They are
allowed to work for 90 days full-time, or 180 days half-time without
permission, based upon their resident permit. Any additional employment
requires a work permit by the Aliens Registration Office and permission from
the Federal Employment Agency.
4.3 Documents
•
•
Valid passport
proof of intended address of residence in Germany.
Working Holidays
For details relating to the various countries see the webpage of the local
German embassies in the respective countries. Main documents required will
be:
•
•
•
•
•
•
the duly completed application form
a valid passport and one copy
proof of sufficient financial means
proof of sufficient health insurance coverage
proof of the intended address of residence in Germany
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5.1 General
As of January 2005, only one permit is issued, granting both residency and
work authorisation. Foreign nationals will therefore only have to deal with one
authority. Abroad, this will be the German Embassy or Consulate, or if in
Germany, the local Aliens Registration Office (‘Ausländerbehörde’). The
residence permit for the purpose of taking up employment contains both the
permit to stay and the permit to work in Germany. After the application has
been approved by the Aliens Office and, if applicable, by the Federal
Employment Office (‘Agentur für Arbeit’), the German Embassy or Consulate
will issue a residence permit in the form of a visa, which will include
authorisation to work in Germany. No extra work permit needs to be obtained
in Germany. The residence permit must state explicitly that the foreign
national is permitted to work.
Foreign nationals other than EU, EEA and Swiss nationals must, as a general
rule, hold a residence permit for the purpose of taking up gainful employment
and cannot work without one. According to bilateral agreements, Australian,
Canadian, Israeli, Japanese, South Korean, New Zealand and US nationals may
even acquire such a residence permit from the competent local Aliens Office
after their arrival in Germany. Nationals of all other states must apply for a
sufficient visa and work permit at their local German Embassy or Consulate
prior to entering Germany.
Nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland,
Slovakia and Slovenia (until 2011 at the latest) as well as Bulgaria and Romania
(until 2014 at the latest) continue to require work permits in Germany,
according to the transitional rules relating to the freedom of movement in the
EU. These nationals should apply for an EU work permit at the competent local
Federal Employment Office in Germany. In the case of stays of more than three
months, a distinction is made between temporary and permanent residence
permits:
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Temporary residence permit (‘Aufenthaltserlaubnis’)
A temporary residence permit is issued for the reasons set out in the German
Residence Act, e.g. education or training, gainful employment, international
law, humanitarian, political or family grounds.
Permanent residence permit (‘Niederlassungserlaubnis’)
A permanent residence permit is issued if a foreign national has legally resided
in Germany with a temporary residence permit for a minimum of five years and
complies with other minimum requirements (secure income, no criminal
record, adequate command of the German language, etc.).
a maximum period of three years. It may be restricted to a certain county,
employer or occupation.
5.1.2 Documents
The documents needed vary depending on the nationality of the foreign
national. For further information, please contact the respective local German
Embassy.
EC Long-Term Residence Permit (‘Erlaubnis zum Daueraufenthalt-EG’)
An EC long-term residence permit differs only slightly from a permanent
residence permit. It can, for example, be issued if the residence is only for
humanitarian reasons.
Researchers
People intending to do research at a research facility in Germany recognised by
the Federal Office for Migration and Refugees, will receive a residence permit.
This permit entitles researchers to become gainfully employed for the research
project as designated in the hosting agreement and also to teach.
5.1.1 Procedures
First-time entry into the country still requires a visa for Germany (national visa),
which is then converted into a residence or settlement permit once the holder
has arrived in the country.
Highly qualified employees
Highly qualified persons may obtain a permanent residence permit immediately.
Their family members who join them in Germany are also entitled to take up
gainful employment.
Dependants
In general, the issue of a temporary residence permit that includes an
authorisation to work needs the approval of the Federal Employment Office.
Such approval requires that employment of the respective foreign national will
not adversely affect the German job market (job market control), that no
comparably qualified German, EU or EEA national was available for the job
(personnel priority control) and that the foreign national is not employed on
terms less favourable than those applicable to German employees (working
conditions control). Exemptions and facilitations exist with regard to highly
qualified employees, certain occupational categories and certain nationalities.
5.2.1 Procedures
Self-employed persons
Self-employed persons usually receive a temporary residence permit, if they
invest at least EUR 250,000 and create a minimum of five jobs. If these
requirements are not met, each case is examined on an individual basis. The
residence permit is granted if it is determined that there is an overriding
economic or specific regional interest in the case, its impact on the economy
is positive, and the financial basis is assured.
Employees who are considered to be highly qualified are: scientists with
specific expertise, lecturers and scientific personnel in prominent positions, as
well as specialists and executive personnel with extensive professional
experience and an annual salary of at least EUR 66,000 (EUR 57,600 in the
new federal states) as of 2011.
In addition, approval may be granted if there is a public interest in an
individual taking up employment. A residence permit will usually be issued for
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Researchers
A valid ‘admission agreement’ must have been concluded by the foreign
national and the research facility prior to applying for a residence permit.
Furthermore, the research facility must have agreed to cover any costs that
may accumulate in the event that the foreign national resides in the EU
illegally. The Federal Office for Migration and Refugees charges EUR 200 for
the recognition of a research facility. The Foreigners Registration Authority (or
a diplomatic mission abroad) then issues a residence entitlement.
To apply for a permanent residence permit, a concrete job offer must be
available, the employee’s livelihood must be assured and it must be likely that
the foreign national will successfully integrate into Germany. However, the
approval of the Federal Employment Office is not needed.
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5.2.2 Documents
Researchers
•
•
the hosting agreement (‘admission agreement’) negotiated with the
research organisation
a declaration in which the research organisation undertakes to assume
the costs incurred by public agencies for up to six months after the
hosting agreement has come to an end.
right to instruct the employee in terms of the nature, commencement,
duration, and location of the work.
6.2 Procedures
Not applicable.
6.3 Documents
Not applicable.
The relevant diplomatic mission abroad or the Foreigners Registration
Authority can provide a list of any other documents that need to be
submitted.
The Aliens Registration Office can provide information about the necessary
documents.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
As noted in section 5 above, as of January 2005, only one permit is issued,
granting both residency and work authorisation. Possession of a short-term
visa now explicitly constitutes a residence entitlement. Authorisation to reside
in Germany is permitted along with the work permit. Any information on
lawful stay for dependants can therefore be found in section 5 above.
It is, however, necessary to distinguish between self-employed persons and
employees, i.e. dependants. According to German case law, a person can be
deemed self-employed, if the determination of their form of activity and
working hours is mainly at their own discretion. Other main indications for
self-employed work are that the person concerned bears the entrepreneurial
risk, acts in his or her own name and on his or her own account, and is free
to take entrepreneurial decisions at his or her own discretion.
An employee is anyone who is integrated into someone else’s (the employer’s)
working organisation, receives directions and delivers a contractually agreed
performance within the context of a working environment determined by his
or her employer. The decisive distinguishing criterion is the degree of personal
dependency of the employee on the employer, i.e. the scope of the employer’s
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203
1. INTRODUCTION
207
2. SOURCES OF LAW
208
209
3.1 Visas
3.3 Procedures
3.4 Documents
209
210
210
210
211
4.1 General
4.2 Procedures
4.3 Documents
211
211
213
5. WORK PERMITS
213
5.1 General
5.1.1 Procedures
5.1.2 Documents
213
214
215
5.2.1 Procedures
5.2.2 Documents
215
216
216
217
6.1 General
6.2 Procedures
6.3 Documents
217
217
218
Greece
Immigration - An International Handbook - GREECE
1. INTRODUCTION
Undoubtedly, since the 1990s until the present day, Greece has been a host
country for immigrants. Indeed, proportionately, Greece has the biggest
number of immigrants of any Member State in the European Union.
In terms of legislation, Law 1975/1991 constituted the first time that the entry
and stay of foreign nationals in Greece was regulated. However, it did not
achieve all of its required objectives.
Later, Law 2910/2001 attempted to tackle the problems that existed, but the
statutory procedures were extremely bureaucratic, as foreign nationals were
obliged to take out double permits (i.e. both a work permit and a residence
permit) for the same time period from two different bodies (i.e. both the
Prefecture and District offices) - submitting the same documents twice.
In the meantime, immigration had developed into a significant matter
in Greece because, on the one hand, the migration flow had increased
dramatically and, on the other hand, the country had an obligation to
incorporate three Directives:
•
•
•
86/2003/EC on family reunions
109/2003/EC on long-term residents
81/2004/EC on residence permits for victims of human trafficking.
Under these circumstances, Law 3386/2005 was crucial in that it covered not
only a legal duty but also a social need. The most basic positive aspects of the
new immigration system, which has been in force since 1 January 2006, are:
•
•
•
•
•
•
•
short procedures and reduced bureaucracy
the coding of amendments and interpretative regulations
provision of a single residence and work permit
exclusive power of only one body, the District Office, to issue permits
provision of a special residence permit for the victims of human trafficking
harmonisation of the large part of Greek legislation with European law
the smooth adjustment and social integration of foreign nationals into the
Greek community, in accordance with the maintenance of their right to be
different and their cultural identity.
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The major changes over more recent years in immigration legislation, are:
3. VISITORS
•
3.1 Visas
Visas are required for all foreign nationals except those from the following
countries (this applies to stays of up to three months): the EU countries,
Australia, Canada, Japan, the US, Andorra, Argentina, Austria, Belgium,
Bolivia, Brazil, Chile, Costa Rica, Croatia, Cyprus, the Czech Republic,
Denmark, El Salvador, Estonia, Finland, France, Germany, Guatemala, the Holy
See, Hungary, Iceland, Ireland, Israel, Italy, Leetonia, Lichtenstein, Lithuania,
Luxembourg, Malaysia, Malta, Mexico, Monaco, ‘the Netherlands’, New
Zealand, Nicaragua, Norway, Panama, Paraguay, Poland, Portugal, San Marino,
Singapore, Slovakia, Slovenia, South Korea, Spain, Switzerland, Sweden, the
United Kingdom, Uruguay, the Vatican and Venezuela.
•
•
•
Law 3536/2007, which amended numerous provisions of Law 3386/2005,
introducing special regulations for immigration policy (such as the
simplification of some regularisation programmes and changes in the
procedure for seasonal immigrants). Nevertheless, the general principles
and philosophy of the system remained the same.
Article 48 of Law 3772/2009, which amended some provisions of Law
3386/2005 relating to illegal immigration and its treatment. For instance,
the second paragraph (which amended Article 76 of Law 3386/2005)
provides that six months is the maximum term of imprisonment, with a
renewal option of twelve months in special cases.
Article 45 of Law 3801/2009, which amended a previous provision
regarding the forest land assignment for the construction and operation of
Accommodation Centres for Immigrants.
Law 3838/2010, which provided new means of acquiring Greek citizenship
and promoted the political participation of expatriates and immigrants
who reside legally in Greece.
2. SOURCES
OF LAW
The main sources of law relating to immigration in Greece are:
•
•
•
•
•
•
•
Law 3386/2005 on the entrance, stay and social integration of citizens of
third countries into Greece
Law 3448/2006 on the further use of public sector information and the
regulation of issues within the sphere of competence of the Ministry of the
Interior, Public Administration and Decentralisation
Law 3536/2007 on special provisions regarding issues of immigration
policy and other issues of competence of the Ministry of the Interior, Public
Administration and Decentralisation
Law 3613/2007 on regulation of issues relating to independent authorities,
the General Inspector of Public Administration, the Body of Inspectors and
Auditors of Public Administration
Law 3731/2008 on reorganisation of the municipal police and provisions
for other issues of competence of the Ministry of the Interior
Law 3772/2009 on reforms concerning the Forensic Medical Service, the
medical treatment of drug abusers and other provisions
Law 3801/2009 on provisions for issues regarding staff engaged under
indefinite term private contracts and other provisions concerning the
organisation and the operation of public administration.
208
Hong Kong is another special case, as it is deemed to be a special
administrative area of the People’s Republic of China and therefore its citizens
do not require a visa.
Foreign nationals from the following countries presently require visas, even for
transit visits that continue on the same aircraft: Angola, Bangladesh, the
Republic of Congo, Ecuador, Eritrea, Ethiopia, Ghana, India, Iran, Iraq, Nigeria,
Pakistan, Somalia, Sri Lanka, Sudan, Syria, and Turkey. If the political situation
in a nation changes abruptly, its name may be added to this list.
Previously, no visa was required for citizens of Ecuador. However, now, due to
the recently implemented Schengen Treaty, a visa is required.
As of May 2008, most citizens of Serbia will no longer require a visa to visit
Greece.
Requirements for other countries vary substantially and should be verified with
the local Greek Embassy or Consulate in that country.
The 90 day limit applies to both tourism and business. However, if someone
travels on an official or diplomatic US passport, he or she will need a visa
issued through the US State Department. Similar restrictions exist for other
official and diplomatic passport holders from other nations.
More importantly, a US or Canadian passport must be valid for a minimum of
three months beyond the end of the projected stay. Technically, Greek officials
may ask to see travel tickets for someone’s return home or for additional
destinations beyond Greece. In practice, this rarely occurs and usually they will
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only ask if there is a suspicion that the foreign national intends to work
illegally in Greece. This is more likely to occur prior to a one-way flight or other
transportation into Greece, rather than once someone has already arrived on
Greek soil.
•
•
The current legislative framework governing the granting of transit, entry and
stay visas is divided into two main categories: short-stay and long-stay visas.
•
Only the activities for which the visa was issued are permitted. These are
indicated in the visa.
3.3 Procedures
Visas are granted by affixing a sticker that is uniform for all Schengen countries
to a valid passport, travel document or any other official document recognised
by Greece. This sticker contains the following important information about the
visa:
•
•
•
the visa’s period of validity, i.e. the time period for which foreign nationals
are allowed to use it
the period of stay, i.e. the total time (number of days) for which foreign
nationals are allowed to stay in one or more Member State of the Schengen
area
the number of entries, i.e. the number of entries allowed through the
Schengen areas’ external borders (one, two or multiple entries).
The visa is issued by the consular authority of the foreign national’s place of
residence. Certain factors are taken into account, mainly relating to public
policy and the protection of national security and public health. There are two
types of visa, the short-term residence visa (‘Schengen visa’) and the long-term
residence visa (‘national visa’).
3.4 Documents
A foreign national needs to submit the following documents when applying
for a visa:
•
•
a completed and accurate standard visa application form (EC Council
Decision 354/2002) accompanied by a recent photograph
a valid passport or other travel document recognised by Greece (in
compliance with those that are listed in the official table of travel
documents), subject to a visa enabling him or her to cross the European
Union’s external borders, with a period of validity that must exceed the
210
date of expiry of the visa by three months
a copy of his or her criminal record issued by the local authorities
a medical certificate from a recognised state or private establishment
certifying the absence of any disease that might be a risk to public health,
according to the international situation and the World Health
Organisation, as well as of any other infectious or parasitic diseases, which
require the taking of measures for the protection of public health
travel insurance with a period of validity at least equal to that of the
granted visa, covering any expenses that might arise in connection with
repatriation for medical reasons, urgent medical attention and/or
emergency hospital treatment during the stay.
4. WORKERS
4.1 General
There are three categories of entrant who may not need a work permit, but
will require a residence permit, as follows:
•
•
•
students (including postgraduate students)
those entering Greece to acquire specialist medical treatment
those entering to carry out research projects.
4.2 Procedures
Issue and renewal of residence permits for studies (including
postgraduate studies)
Provided that they have obtained a visa, foreign nationals are allowed to enter
Greece to study at universities, technological educational institutes, higher
ecclesiastical schools and ecclesiastical school units, the higher school of
teachers of engineering sciences of the School of Pedagogical and
Technological Education, higher schools of the tourism professions and
technical vocational schools. The concept of studies also includes the
preparation time period which is required for the stay and other related
activities of the student, if provided for by applicable legislation.
Foreign nationals who have obtained a visa to study in Greece may apply for
a residence permit for this purpose, provided that they meet all of the
following requirements:
•
they have enrolled at the relevant educational establishment or have been
admitted for enrolment
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•
•
they have sufficient funds to cover their living expenses and cost of study
during the validity of the residence permit
they have paid the required enrolment fee to the educational
establishment.
The relevant Agency for Foreign Nationals and Migration of the Region has the
power to consider the application.
No residence permit for studies will be issued to foreign nationals who are
residing in Greece as workers or practising an independent economic activity,
except for those who have been accepted for the purpose of family reunification.
The residence permit for studies is valid for one year and can be renewed for
equal periods, provided that its holder continues to meet the requirements
referred to above. If the length of the course is less than one year, the
residence permit will be valid for the duration of the course. The total period
of residence cannot exceed the prescribed total length of studies, increased by
half. One more year can be added to this period for learning Greek, if
requested by the relevant educational establishment. Foreign nationals who,
on completion of their studies, have been admitted for postgraduate studies
by higher educational establishments or universities in Greece, can renew their
residence permit for the period required to complete their studies, without
being obliged to produce a visa.
To renew a residence permit, a foreign national must submit an application to
the municipality or community of their place of domicile or residence at least
two months before the residence permit expires. The application should be
accompanied by a certificate from the relevant educational establishment
showing the foreign national’s enrolment and participation in the
examinations, and by a transcript showing the overall progress of his or her
studies.
Issue and renewal of residence permits for the acquisition of specialist
medical treatment
The acquisition of specialist medical treatment by citizens of third countries
requires a special visa. The General Secretary of the relevant Periphery grants
a residence permit which is valid for one year and can be renewed every two
years until the specialist medical treatment is complete. A certificate from the
hospital providing the specialist medical treatment is also required, in order to
confirm that the applicant has been accepted for the treatment.
212
Citizens of third countries can be accompanied by family members. More
specifically, the family members receive a personal residence permit which
expires at the same time as the residence permit of the main foreign national.
Issue and renewal of residence permits for implementing research
projects
Foreign nationals wishing to stay in Greece for the purpose of participating in
research projects at a public research organisation or other corresponding
research agencies in the public sector, or legal entities in public law supervised
by a public authority, will be issued with a residence permit for the
implementation of the research project. They must meet the requirements of
Article 10 and must sign a co-operation contract with the research
organisation, which mentions the terms of the co-operation, the period
needed for completion, and the fact that the cost of their residence and return
trip will be covered.
Having obtained a visa, interested foreign nationals must submit an
application to the municipality or community of their place of domicile or
residence. The relevant Agency for Foreign Nationals and Migration of the
Region has the power to consider it.
The General Secretary of the relevant Region will decide whether or not to
issue the residence permit. It will be issued for one year and can be renewed
for one further year for the same purpose, until the completion of the research
project.
Foreign nationals who are granted residence permits for implementing
research projects in Greece can be accompanied by their family members, to
whom an individual residence permit will be issued. The family member’s
residence permit will expire at the same time as the residence permit of the
main foreign national who supports them.
4.3 Documents
For the documents that need to be submitted when applying for a residence
permit in the three situations described above, please see section 4.2.
5. WORK PERMITS
5.1 General
A foreign national can enter Greece for employment under a dependentemployment relationship with a specific employer and for a specific type of
employment, provided that he or she has been issued with a relevant visa.
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5.1.1 Procedures
Foreign nationals who have obtained a visa for the provision of dependent
employment in Greece are issued with a residence permit for this, provided
they have concluded an employment contract showing that their
remuneration is at least equivalent to the monthly salary of unskilled workers
and have submitted the required documentation.
practice of independent economic activity three years after the entry into force
of the initial residence permit.
To renew a residence permit for dependent employment, foreign nationals
need to submit an application to the municipality or community of their place
of domicile or residence two months before the expiry of the residence permit.
Documentation should be provided to show the following:
•
•
•
•
•
•
•
•
•
that the foreign national has fulfilled his or her tax obligations
that the requirements set out in the first paragraph above are met.
However, a foreign national does not need to submit an employment
contract if he or she is employed as an agricultural worker, a builder, a
private nurse or a member of household staff, if he or she is employed
under a dependent employment relationship with more than one
employer. Similarly, no employment contract needs to be submitted by
seasonal workers who work in hotels and restaurants, provided that they
receive unemployment benefit during the renewal period
that the foreign national has earned a minimum amount. If he or she has
earned less than this, up to 20% can be redeemed as ‘insurance days’ from
his or her insurance provider. In the case of renewing a two-year residence
permit, this condition must be met cumulatively for the entire two-year
period.
The relevant Agency for Foreign Nationals and Migration of the Region has the
power to consider the application.
Foreign nationals can conclude an employment contract with another
employer during the validity period of their residence permit, provided that no
change is made to the specialism for which the visa was issued or to the
insurance organisation. If there is a change of employer, the foreign national
must notify the competent Agency for Foreign Nationals and Migration of the
Region within thirty days of the conclusion of the new contract.
5.1.2 Documents
The foreign national should submit the following documents with a work
permit application:
Employed EU nationals should submit the following documents:
•
•
•
•
two photocopies of their passport
three colour passport-size photographs
a statement regarding their proposed place of residence in Greece
a report of their medical care and social insurance (with documents issued
by a public social security organisation or private insurance corporation) as
EU nationals in Greece or in other EU Member States
a statement of their employment as EU nationals, validated by the relevant
Labour Inspection, indicating the duration and the specific type of
employment proposed.
Generally, foreign nationals who are members of boards of directors,
managers, legal representatives and senior executives of subsidiaries and
branches of foreign organisations; along with foreign nationals who are
technicians employed in industries or mines and foreign specialist scientific
personnel employed by foreign organisations with branches or subsidiaries in
Greece can travel to Greece to be employed in such organisations if the
following conditions are met:
•
Holders of residence permits for employment can work in another prefecture
of the same or another Region, one year after the issue of the initial residence
permit.
•
The residence permit for dependent work can only be renewed for the
•
214
travel documents (and a copy of the visa, if applicable)
a photocopy of the medical care booklet
Hellenic Police stamps of a nominal value of EUR 3
a statement indicating his or her proposed place of residence
four colour passport size photographs
a copy of his or her employment contract.
the undertaking established in Greece must employ at least 100
foreign nationals
foreign nationals who will travel for employment must have scientific
knowledge in their field that is not possessed by other Greek or EU
employees or foreign nationals already lawfully residing in Greece.
the number of foreign employees cannot exceed 5% of the number of
national employees.
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The residence permit is initially issued for a period of one year and can be
renewed for two more years.
Subject to the relevant special regulations, the residence permit will be
renewed every two years, provided that the foreign national provides
supporting documents evidencing that:
•
•
the relevant conditions are met
all tax liabilities have been paid. In order to allow verification of tax
liabilities, the foreign national must produce a copy of the tax liquidation
sheet delivered by the tax office or a copy of the revenue tax return
evidencing revenues equivalent to his or her declared wages.
A foreign national who is granted a residence permit as a corporate member
of a Board of Directors, a manager or a member of staff, can be accompanied
by the members of his or her family. The family member is granted an
individual residence permit, which expires at the same time as the residence
permit of the main foreign national on whom he or she is dependent. The
main foreign national needs to prove that he or she has a stable and sufficient
income, which must be no less than EUR 8,500 per year, increased by 15% for
each dependent member of his or her family.
The relevant application for the issue and renewal of a residence permit, as
well as for the family reunification of foreign nationals, should be submitted to
the Directorate for Foreign Nationals and Migration of the Ministry of Interior,
Public Administration and Decentralisation.
5.2.1 Procedures
The Region, taking into consideration public policy and national security, may
arrange for a third-country national to be interviewed at a specific place and
time by the Migration Committee. If he or she does not attend the interview,
the application will be rejected. The relevant decision will be issued by the
Region within two months of the date it received all documentation. Late
applications will also be rejected, unless force majeure can be proved.
5.2.2 Documents
•
•
a completed and accurate standard application form (EC Council Decision
354/2002) accompanied by a recent photograph
216
•
•
•
a medical certificate from a recognised state or private establishment
certifying the absence of any disease that might be a risk to public health,
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
The following persons are considered to be ‘dependants’:
•
•
•
the main foreign national's spouse, provided that he or she is 18 years or
older
the minor children of the main foreign national and of his or her spouse,
including adopted children
other minor children, including adopted children, of the main foreign
national or his or her spouse, where the main foreign national or his or her
spouse has custody and the children are dependent on him or her.
6.2 Procedures
Foreign nationals lawfully residing in Greece for at least two years are entitled
to apply for the entry and residence of their family members, provided that all
the ensuing conditions are satisfied:
•
•
•
they have documentary evidence of the family relationship
their family members will reside with them
they can prove that they have a steady and regular annual personal
income, sufficient to cover the needs of their family, which is not paid by
the social assistance system of Greece. Such income cannot be less than
the annual wages of unskilled workers, increased by 20% for the spouse
and by 15% for each child. If both spouses lawfully reside in Greece and
want to reunite with their children, the 15% increase for each child is not
required
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•
they have full health insurance for all the risks that are covered for Greek
nationals, which can also cover their family members.
Submission and consideration of requests for family reunification
The main foreign national should submit an application to the municipality or
community of the place of domicile or residence for the approval of family
reunification. The Agency for Foreign Nationals and Migration of the Region
has the power to consider the application.
•
•
•
The General Secretary of the Region will seek the opinion of the relevant police
authority for matters relating to public policy and to the protection of national
security, as well as the opinion of the relevant Greek consular authority, to
establish the existence of the family relationship. These opinions must be given
within two months.
a medical certificate from a recognised state or private establishment cer
tifying the absence of any disease that might be a risk to public health,
The decision of the General Secretary that approves the application for family
reunification will be forwarded to the relevant Greek consular authority, which
will issue the required visas to the family members of the foreign nationals.
Issue of residence permits
The family members of the main foreign national, after their entry into Greece
and before the expiry of their visa, should submit an application to the
municipality or community of their place of domicile or residence for a
residence permit for family reunification. The Agency for Foreign Nationals and
Migration of the Region has the power to consider the application. When
applications are being considered, the best interests of the children are taken
into consideration.
For children, the application for individual residence permits should be
submitted by the persons exercising parental care.
The General Secretary of the relevant Region issues residence permits within,
at the latest, nine months of the submission of the application and documents.
6.3 Documents
•
•
a completed and accurate standard application form (EC Council Decision
354/2002) accompanied by a recent photograph
218
219
1. INTRODUCTION
223
2. SOURCES OF LAW
223
224
3.1 Visas
3.3 Procedures
3.4 Documents
224
224
225
225
226
4.1 General
4.2 Procedures
4.3 Documents
226
227
227
5. WORK PERMITS
228
5.1 General
5.1.1 Procedures
5.1.2 Documents
228
228
229
5.2.1 Procedures
5.2.2 Documents
229
230
230
230
6.1 General
6.2 Procedures
6.3 Documents
230
230
231
India
Immigration - An International Handbook - INDIA
1. INTRODUCTION
In India, matters relating to immigration fall under the domain of the
Foreigners’ Division of the Bureau of Immigration within the Ministry of Home
Affairs (‘MHA’).
In addition, Foreigners’ Regional Registration Officers (‘FRROs’) located in
major cities in India (i.e. Delhi, Mumbai, Kolkata, Chennai and Amritsar)
manage immigration and registration related requirements, as provided in the
Registration of Foreigners Act 1939. Apart from the FRROs, the relevant
District Superintendents of Police function as Foreigners’ Registration Officers
(‘FROs’), which are equivalent to FRROs, in all the states in the country.
The MHA (located in New Delhi) has been vested with the power to grant
conversions and extensions of visas (for categories in which it is permissible) to
foreign nationals residing in India. Where a foreign national requiring a visa
conversion or extension does not reside in New Delhi, he or she may approach
the relevant FRRO, who would forward the case to the MHA for consideration
and approval.
It is worth noting that the FRROs and FROs have been vested with limited
powers to grant conversions and/or extensions for certain types of visa in
certain situations, without referring to the MHA. For example, an FRRO can
grant a visa extension of up to 15 days in emergency situations such as illness,
death and non-availability of flights, subject to certain conditions.
2. SOURCES
OF LAW
The principal sources of law and regulation relating to immigration in India are
contained within the Constitution and the Statutes. Under the Constitution,
legislation relating to citizenship, foreign nationals, passports, visa admissions,
emigration and expulsion from India, is contained in the Union List of the
Seventh Schedule of Article 246, which gives only the central (federal)
government the power to legislate for matters relating to immigration. The
principal Statutes governing immigration are discussed briefly below:
The Foreigners Act 1946 (‘FA’)
The FA confers upon the government of India the power to legislate in
matters concerning foreign nationals, their entry, presence in and departure
from India. It provides for guidelines regarding determination of nationality.
The FA also sets out penalties for contravention of its provisions.
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The Passport (Entry into India) Act 1920 (‘Passport Act’)
The ‘Passport Act’ provides that any person who wishes to enter into India,
whether by land, air or sea, is required to hold a valid passport. Further, the
Passport Act exempts certain classes of person from the requirement to
possess a valid passport. For instance, nationals of Nepal and Bhutan are
exempt.
Further, the following persons are required to obtain B visas:
•
•
The Registration of Foreigners Act 1939 (‘RF Act’)
The RF Act provides for the registration of foreign nationals present in,
entering into or departing from India. It allows the central government to
formulate rules for the purpose of requiring any foreign national to report his
or her presence, arrival or departure to a prescribed authority, report details of
movement from one place to another, and produce proof of identity or other
information when required.
3. VISITORS
3.1 Visas
Any foreign national who wishes to enter India for business purposes is
required to obtain a business visa (‘B visa’).
A foreign national may enter India to undertake any of the following activities
under a B visa:
•
•
•
•
•
•
to establish an industrial or business venture or to explore the possibility of
setting one up in India
to purchase and/or sell industrial or commercial products or consumer
durables
to participate in technical meetings, attend board meetings and general
meetings to provide business services support
to recruit manpower
to consult persons regarding participation in exhibitions, trade fairs,
business fairs, etc.
to undertake any pre-sales or post-sales activity not amounting to the
actual execution of any contract or project.
•
•
foreign buyers who wish to visit India to transact business with (potential)
suppliers, evaluate or monitor quality, give specifications, place orders,
negotiate further supplies etc., relating to goods or services procured from
India
foreign experts or specialists on a short visit, in connection with an
ongoing project, with the objective of monitoring the progress of the
work, conducting meetings with Indian customers and/or to provide high
level technical guidance
foreign trainees of multinational organisations or corporate houses coming
for in-house training in the regional hubs of an organisation located in
India
foreign nationals who are partners in the organisation and/or functioning
as directors in it.
3.3 Procedures
A B visa can only be issued by the Indian High Commission or Consulate in the
country of origin, or in the country of domicile of the foreign national, provided
his or her period of permanent residence in that particular country has been for
more than two years.
The procedures for issuing B visas may vary depending on the requirements of
the individual Indian Consulate. Visa applications to India from inside the United
States of America need to be made online through ‘Travisa Outsourcing’.
Thereafter, a copy of the online application along with the requisite
documentation needs to be submitted at the Indian Consulate having
jurisdiction over the area in which the foreign national resides. Similarly, visa
applications from within the United Kingdom need to be made to the relevant
Indian Consulate through ‘VFS Services UK Limited’.
Foreign nationals visiting India on B visas are not required to register themselves
with the FRROs or FROs, if the duration of their stay does not exceed 180 days
in a single visit. However, if a foreign national intends to stay for more than 180
days on a single visit, he or she is required to register with the relevant FRROs or
FROs within 180 days.
3.4 Documents
At the time of application for a B visa, a foreign national is required to submit
the following documents in addition to any other documents, as may be
specified by the Indian Consulate concerned:
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•
•
•
a valid travel document such as a passport and a re-entry permit, if
required under the law of the country concerned
proof of financial standing and expertise in the field of the intended
business
a sponsor letter on the official letterhead of the organisation in India,
indicating the nature of the business, probable duration of stay, the
validity of the visa applied for (one year, five years or ten years), places and
organisations to be visited, and a guarantee to meet maintenance
expenses.
•
of India Act 1935 and other territories that became part of India there
after (provided neither parents nor grandparents were at any time
citizens of Afghanistan, Bhutan, China, Nepal, Pakistan or Sri Lanka)
a person who is a spouse of a citizen of India or a PIO, as mentioned
above.
Overseas Citizen of India (‘OCI’)
An OCI is a person who is registered under the Citizenship Act 1955.
The following persons are eligible to register themselves as an OCI:
However, nationals of Pakistan, Sri Lanka and Bangladesh are required to
submit separate visa application forms and furnish additional undertakings
and documentation.
4. WORKERS
(a) foreign national, who was eligible to become a citizen of India on 26
January 1950, or was a citizen of India on or at any time after that date,
or belonged to a territory that became part of India after 15 August 1947
(b) the children and grandchildren of the persons mentioned in (a), provided
the country of citizenship allows dual citizenship in some form
(c) minor children of the persons mentioned in (a).
4.1 General
A foreign national coming to India can undertake the activities that are
permitted by the particular visa he or she holds. No separate work permit is
required.
However, if a foreign national was ever a citizen of Pakistan or Bangladesh, he
or she would not be eligible to register as an OCI.
There are no classes of foreign national who are permitted to enter and work
in India without procuring a work-related visa or other appropriate visa. For
example, exchange students are required to obtain student visas.
4.2 Procedures
NRIs and OCIs are entitled to enter and work in India without procuring a visa.
Therefore, no procedure for this has ever been prescribed. PIO Cardholders are
permitted to visit India without procuring a visa for a period of up to 15 years
from the date of issue of the PIO Card.
However, the following classes of person are allowed to enter India and
undertake business and employment related activities without obtaining a visa:
Non-Resident Indian (‘NRI’)
An ‘NRI’ is an Indian citizen who ordinarily resides outside India but holds an
Indian passport.
Person of Indian Origin Cardholder (‘PIO Cardholder’)
A PIO Cardholder is a person who has registered himself or herself under the
Person of Indian Origin scheme launched by the MHA in 2002.
If a PIO Cardholder intends to say in India for more than 180 days, he or she
must register with the relevant FRO or FRRO. However, NRIs and OCIs are
exempt from such registration provisions.
4.3 Documents
NRI
An NRI is not required to be registered with any authority for exemption from
procuring a visa for entry into India. Therefore, apart from a valid passport, an
NRI is not required to submit any documentation to enter India.
The following persons qualify as a PIO:
•
•
a person who has at any time held an Indian passport
a person or either of his or her parents or grandparents who was born
in or was permanently resident in India, as defined in the Government
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PIO
A PIO Cardholder does not require a separate visa to visit India. The PIO Card
is valid for 15 years. Therefore, no additional documentation (apart from a
passport and the PIO Card) needs to be submitted.
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OCI
An OCI registration certificate in the form of a booklet is issued to OCIs who
apply for registration. Further, a multiple entry, multi-purpose ‘OCI U visa
sticker’ is pasted on the foreign national’s passport. However, no additional
documentation needs to be submitted to enter India.
All visa applications from inside the United States of America need to be
submitted to the relevant Indian Consulate through Travisa Outsourcing. The
visa application needs to be made online.
5. WORK PERMITS
5.1.2 Documents
In addition to a valid passport, proof of address and photographs, a foreign
national would be required to furnish the following documents for the grant
of an E visa:
5.1 General
As stated above, a foreign national can undertake the activities permitted by
the visa that he or she holds. Therefore, no separate work permit is required.
All visa applications from inside the United Kingdom need to be submitted to
the relevant Indian Consulate through VF Services UK Ltd.
•
An Indian organisation engaging foreign nationals would be responsible for
their conduct during their stay in India and for their departure upon the expiry
of their E visa.
an appointment or contract letter containing salary details and if a contract
letter is provided, it should be detailed and comprehensive
curriculum vitae
the organisation’s registration, i.e. proof that it is registered in India
a tax liability letter from the organisation in India certifying that: (i) the
Indian organisation will be liable and take responsibility for paying taxes on
his or her behalf (ii) the Indian organisation will not hire foreign nationals
to the extent that their number exceeds 1% of its total workforce (iii) with
in the said 1% of the total workforce, the number of foreign nationals
hired should not exceed more than 20 employees; however, if the number
of employees is within 1% but more than 20 there may be a delay in
decisions made regarding the issue of their visas
an employee details form, duly completed
a project details form provided in the prescribed manner on the
organisation’s letterhead. The form should be signed by an authorised
person within the organisation
a justification letter from the employer in India certifying that the applicant
is a skilled and qualified professional, technical expert, senior executive or
in a managerial position and demonstrating that those skills are not
available in India.
It is also relevant to note that a foreign national working in India under an E
visa must comply with all the other requirements, such as payment of tax
liabilities.
There are no ‘special preference categories’ in India. All foreign nationals are
required to procure E visas in order to work in India.
5.1.1 Procedures
There is no difference in the procedure for a long-term or a short-term E visa.
It is relevant to note that NRIs are permitted to enter India and undertake
employment without needing an E visa. Further, OCIs and PIO Cardholders are
permitted to undertake employment in India without the need for a visa,
subject to certain restrictions. For example, OCIs and PIO Cardholders cannot
undertake employment relating to mountaineering, missionary or research
If a foreign national wishes to undertake employment in India, he or she must
obtain an employment visa (‘E visa’). E visas are only granted to skilled foreign
nationals and qualified professionals, or persons who are being engaged or
appointed by an entity in India for a senior skilled or managerial position.
Further, E visas are not granted for jobs for which large numbers of qualified
Indians are available. Therefore, they are not available for routine, ordinary,
secretarial or clerical jobs.
An E visa is usually granted for a period of up to one year by the relevant Indian
Consulate abroad. An extension of the E visa would be granted by the MHA,
if necessary. Subsequent extensions, if required, can be granted by the
respective State government or FRO, for up to a maximum of five years from
the date of issue of the visa. Foreign nationals entering on E visas are required
to register with the relevant FRRO or FRO within two weeks of the date of
arrival in India, if their visa is valid for a period exceeding 180 days.
•
•
•
•
•
•
The E visa must be issued from the country of origin, or from the country of
domicile of the foreign national, provided his or her period of permanent
residence in that country has been for more than two years.
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work. Additionally, existing Protected Area Permits (‘PAPs’) and Restricted Area
Permits (‘RAPs’) require separate permits. The Foreigner (Protected Area)
Order 1963 requires a foreigner to obtain a restrictive area permit for visiting
certain restricted areas. This is in addition to obtaining a visa and it exists
mainly for security reasons.
All visa applications from inside the United States of America need to be
submitted to the relevant Indian Consulate through Travisa Outsourcing. The
visa application needs to be made online. All visa applications from inside the
United Kingdom need to be submitted to the relevant Indian Consulate
through VF Services UK Ltd.
5.2.1 Procedures
A foreigner who is in India to visit a restricted area is required to apply for the
RAP to the Ministry of Home Affairs, Foreign Division Jaisalmer House, 26,
Man Singh Road New Delhi and with the resident commissioner of the State
concerned. FRROs have delegated powers in respect of some specified areas.
The RAP can also be obtained from the Indian consulate abroad. A RAP is
normally issued for ten days with the option of a seven day extension.
6.3 Documents
In addition to a valid passport, photographs and proof of address, an applicant
for an X visa is required to provide the following documents:
•
•
5.2.2 Documents
An application for a RAP and a copy of the passport and visa are required for
this purpose.
6. LAWFUL
STAY FOR DEPENDANTS
•
in the case of a minor, a copy of his or her parents’ passports, i.e. the
relevant pages containing the picture and signature page of both parents’
signed passports
a copy of his or her birth certificate or any government-issued document
that shows his or her parents’ names, dates of birth and nationalities
documentary proof of the relationship - spouses and dependent children
of a foreign national coming to India on a visa such as an employment,
business, research or student visa, must produce proof of the relationship.
The spouse must provide a marriage certificate. Dependent children must
provide a birth certificate. Further, the spouse and dependent children
must provide a copy of the visa issued to the principal visa holder.
6.1 General
The term ‘dependant’ has not been specifically defined in Indian immigration
law. However, the children of a foreign national coming to India would
generally qualify as dependants.
If a visa applicant is a spouse or dependent family member of a foreign
national coming to India on a long-term visa, such as an employment,
business, research or student visa, he or she would be required to obtain an
entry visa (‘X visa’). The duration of an X visa is contingent upon the length of
the principal visa holder’s visa.
An X visa is usually granted for a period of up to five years by the relevant
Indian Consulate. The holder of an X visa would not be permitted to
undertake any business or economic activities in India. However, minor
children who are of Indian origin can study up to the ‘12th Standard’.
6.2 Procedures
An application for an ‘X visa must be made to the respective Indian Consulate
in the country of origin.
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1. INTRODUCTION
235
2. SOURCES OF LAW
236
236
3.1 Visas
3.3 Procedures
3.4 Documents
236
236
236
237
238
4.1 General
4.2 Procedures
4.3 Documents
238
239
239
5. WORK PERMITS
239
5.1 General
5.1.1 Procedures
5.1.2 Documents
239
241
242
5.2.1 Procedures
5.2.2 Documents
244
245
245
245
6.1 General
6.2 Procedures
6.3 Documents
245
246
247
Ireland
Immigration - An International Handbook - IRELAND
1. INTRODUCTION
An employer in Ireland is prohibited from employing a non-EEA national
without first having obtained the relevant permission to do so. Citizens from
within the EEA (subject to limited exceptions) who intend to work in Ireland do
not require such permission. Recent statistics show that the most common
nationalities applying for work permits in Ireland continue to be Indian and
Romanian, who together make up 50% of all work permit acceptances in
2010.
There are various procedures applicable in Ireland in relation to the
employment of a non-EEA national, depending on the particular
circumstances. Generally, an employer must demonstrate that it has made
every effort to recruit an Irish or EEA national for the position before
permission to employ a non-EEA national will be issued. The sectors
employing the greatest number of non-EEA nationals continue to be the
service industry, employing 40% of non-EEA nationals, and the medical and
nursing industry, employing 24%.
Ireland continues to restrict access to the Irish labour market for nationals of
Bulgaria and Romania. This decision is kept under ongoing review and will be
assessed comprehensively before the end of 2011. Accordingly, Bulgarian and
Romanian nationals will continue to require an employment permit to take up
employment in Ireland and the job will continue to be subject to the current
requirement for a Labour Market Needs Test. However, these employment
permit requirements apply only to the first continuous 12 months of
employment in Ireland. At the end of this 12-month period, a Bulgarian or
Romanian national will be free to work in Ireland without any further need for
an employment permit.
Note that an ‘employment permit’ is the general term used for all permits that
are required for work in Ireland. By contrast, a ‘work permit’ is a specific type
of employment permit and certain criteria must be met in order to be eligible
to apply for one, as explained below.
All citizens of non-EEA countries, whether they have acquired permission to
work in Ireland or not, are subject to immigration control at the point of entry
into Ireland.
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2. SOURCES
OF LAW
The Employment Permits Acts 2003 and 2006 regulate the employment
permit regime in Ireland. The Immigration Act 2004 controls entry into Ireland,
the status, duration and conditions of the stay and the obligations of foreign
nationals while they are there. Most recently, the Immigration Act 2004 (Visas)
(No 2) Order 2009 amended the list of countries whose nationals do not
require a visa to enter Ireland.
3. VISITORS
3.4 Documents
When applying for a business visa, the following documents must be
submitted:
•
•
•
3.1 Visas
Statutory Instrument 453 of 2009 lists those foreign nationals who do not
require a visa to enter Ireland. All other foreign nationals are required to obtain
a visa before entering Ireland, even for a short business trip.
There are two categories of business visitor visa: these are a ‘business visa’ or
a ‘conference visa’. Under these visas, an entrant may stay in Ireland for a
period of 90 days. Generally, visas are granted for a single journey but a
multi-entry visa may also be granted if an individual needs to travel regularly
to Ireland on short visits for business meetings. Evidence of this requirement
from the individual’s employer and the organisation in Ireland with whom the
individual is engaging in business would be required. Issuance is at the
discretion of the visa officer.
3.3 Procedures
An online application facility is available for visa applications worldwide. Details
of where to send the supporting documentation and any fees payable are
available online.
Applications are processed following their arrival in the visa section in Dublin.
However, to avoid delays in the issue of the visa, it is advised that all applications
are made at least eight weeks prior to the expected departure date and that all
supporting documentation is included with the application.
•
a fully completed and signed application form
a passport (valid for six months after the intended date of departure from
Ireland
a letter from the individual’s employer confirming that he or she is under
taking this trip on the organisation’s behalf, the purpose of the visit, dates
and outlining who will be responsible for the full costs of the trip – travel,
accommodation, expenses etc. and proof that the individual will be
returning to that employment following the visit
a letter from the Irish organisation confirming the visit, dates, reasons for
the visit, details of who will meet the costs of the trip, accommodation
details, and full contact details.
All letters submitted should be on official organisation headed paper and give
full contact details for verification purposes. Full postal address, name of
contact, position in the organisation, telephone number (landline) and email
address must be included where relevant.
Evidence of a prior link between both organisations and of communications
between them regarding the visit is also helpful. If the individual is responsible
for the cost of the trip, then evidence of his or her finances in the form of a
bank statement covering a six-month period will be required and an
explanation as to why the individual is undertaking the trip at his or her own
expense must be furnished. The requirements may vary from time to time and
the most recent requirements should be checked prior to submitting an
application.
Visa requirements for conference delegates are similar to business visa entrant
requirements, however, the relevant parties must furnish details of the
conference. It is also helpful if the conference organisers notify the department
in advance, furnishing all details of the conference and a list of delegates,
indicating any guest speakers and delegates whose attendance is vital.
Original documents should be submitted. Where these are not in English they
should be accompanied by a notarised translation and all documents must be
clear and legible.
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4. WORKERS
4.1 General
Non-EEA nationals
The following non-EEA nationals who have been granted permission to remain
do not need to obtain a work permit:
•
•
•
•
•
•
the spouse or dependant of an Irish or EEA national
the parent of an Irish citizen
a person granted permission temporarily on humanitarian grounds, having
been in the asylum process
a person granted permission from the Department of Justice, Equality
and Law Reform
a person granted permission as a result of obtaining business permission
to operate a business in Ireland
a registered student.
Swiss Nationals
The European Communities and Swiss Confederation Act 2001, which came
into operation on 1 June 2002, enables the free movement of workers
between Switzerland and Ireland, without the need for employment permits.
Medical professionals
A number of bodies in Ireland recently agreed revised arrangements regarding
employment permits for non-EEA doctors who are recruited to the Irish Public
Health Service. Certain doctors in trainee specialist divisions and non-EEA
non-consultant hospital doctors (with a job offer as a Senior House Officer or
Registrar in the Public Health Service) do not require a work permit.
Van der Elst Cases
The European Court of Justice delivered a judgment in the Van der Elst Case
(Freedom to Provide Services) on 9 August 1994. The Court ruled that non-EEA
workers legally employed in one Member State, who are temporarily sent on
a contract to another Member State, do not need to apply for employment
permits for the period of contract.
Working Visa/ Work Authorisation Scheme
Although the Working Visa/Work Authorisation Scheme has ceased with
effect from 31 December 2006, current working visa/work authorisation
holders can continue to work under their current visas or work authorisations
until such a date as they expire.
4.2 Procedures
For many of the above categories there is no requirement to apply for an
employment permit or exemption from an employment permit. However,
there may still be a visa required to enter Ireland. In some of the above cases,
applications will need to be made and procedures followed and therefore the
requirements will vary depending on which of the above applies to the
individual. For example, to avail of the US work and travel authorisation, an
application should be made to the appropriate Irish embassy in the US.
4.3 Documents
The documents required will vary in each of the above cases, depending on
whether an application is required and the requirements of the specific
category.
5. WORK PERMITS
Working Holidays in Ireland
Working holiday authorisations (WHA) are available to young people who are
citizens of Argentina, Australia, Canada, Hong Kong, Japan, New Zealand and
the Republic of Korea. These working holiday schemes are intended for use by
young adults who wish to stay in Ireland for an extended holiday and who may
work casually in order to fund their stay.
5.1 General
In order to work in Ireland a non-EEA national (unless exempted) must hold a
valid employment permit. The issue of an employment permit requires a job
offer from an Irish employer. Applications, which in most cases can be
submitted by either the employee or employer, are considered under the
Employment Permits Acts 2003 and 2006.
There is also a new agreement with the US government that will enable US
citizens to work and travel in Ireland for up to 12 months. In order to qualify
for the program participants should be in post secondary education or have
recently graduated (i.e. within the last 12 months).
In the case of a work permit, the holder of the permit is only permitted to
work for the employer and in the employment stated on the permit. Should
the employee named on the permit, for any reason, cease to be employed by
the employer and in the employment stated on the permit during the period
of validity specified, the permit and any copies thereof must be returned
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immediately to the Employment Permits Section. In the case of Green Card
Permits, Intra-Company Transfer Permits and Spousal and Dependant Permits
referred to below, some of the specific rules, applicable to work permits, may
be dis-applied or relaxed. It is an offence for both an employer and an employee
to be party to the employment of a non-EEA national without a valid
employment permit.
All foreign nationals who are not citizens of the EEA, who are intending to stay
in Ireland for more than 90 days, must register with An Garda Síochána for a
residency permit and at all times have a valid registration certificate in the form
of a ‘GNIB (Garda National Immigration Bureau) Card’.
There are four main types of employment permit:
Work permit
There are two categories of application based on salary level. Firstly, where the
annual salary (excluding bonuses) on offer is EUR 30,000 or more, the work
permit can be considered for all occupations other than those that are contrary
to the public interest or listed as ineligible occupations (see below). Secondly,
work permits will only be considered in exceptional cases for occupations with
an annual salary below EUR 30,000. Permission will not be considered for
occupations listed as ineligible. There is a long list of ineligible occupations,
including clerical and administration operatives, labourers, domestic workers,
sales staff etc.
Green Card permit
The Green Card permit allows for employment in Ireland by the named
employer in the occupation specified on the permit.
Applications may be made in respect of two categories based on salary level.
Firstly, where the annual salary (excluding bonuses) is EUR 60,000 or more, the
Green Card Permit is available for all occupations, other than those that are
contrary to the public interest. Secondly, Green Card Permits are available
where the annual salary ranges between EUR 30,000 and EUR 59,999
(excluding bonuses) for a restricted number of strategically important
occupations. Currently, certain occupations in Information Technology,
Healthcare, Industry (Professional Engineers and Technologists), Education
(Researchers and Natural Scientists) and financial fields are all eligible. This list
changes from time to time.
Employment permits under the Green Card Scheme will not be granted to
organisations where, as a consequence of granting the permit, more than
50% of employees in the organisation would be non-EEA nationals.
240
Intra-Company Transfer permits
This scheme is designed to facilitate the transfer of senior management, key
personnel or trainees who are foreign nationals from an overseas branch of a
multinational organisation to its Irish branch. This type of permit is strictly
limited to senior management, key personnel or those undergoing a training
programme. The employee or transferee must be earning a minimum annual
salary of EUR 40,000, and must have been working for a minimum period of
12 months with the overseas organisation prior to transfer.
The Intra-Company Transfer permit would entitle the host organisation to
employ the foreign national in question for the duration of the permit. The
employee or transferee cannot work for any employer other than that named
in the permit.
Normally the number of intra-company transferees should not exceed 5% of
the total Irish workforce in an organisation, although in exceptional
circumstances such as small firms or start-up companies, a higher percentage
may be permitted on a strictly temporary basis with an absolute limit of 50%
non-EEA staff.
Dependants and Spousal permits
This scheme allows the spouses and dependants of certain categories of
employment permit holders to apply for an employment permit to work in
Ireland. Spouses and eligible dependent unmarried children, who have been
admitted to Ireland as family members of the employment permit holder, may
apply under this scheme. Spouses and dependants should note that it is illegal
to work in Ireland without a valid employment permit. Spouses and
dependants eligible under this scheme will have relative ease of access to
employment in Ireland.
5.1.1 Procedures
All applications for work permits should be submitted to the Department of
Enterprise, Trade and Innovation with the original documentation in English or,
if not in English, with a certified translation attached.
Work Permit
•
a vacancy, in respect of which an application for a work permit is being
made, must be advertised with the FÁS/EURES employment network for at
least eight weeks and additionally in local and national newspapers for six
days. This is to ensure that the vacancy has been advertised in the local and
wider EEA labour market, and no other EEA citizen can fill the vacancy.
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•
Evidence that this has been done must be included with the application.
(This is what is known as a Labour Market Needs Test and applies to work
permits only)
work permits may be applied for by the employee or the employer and are
granted for up to 24 months and, in the case of renewal, for up to 36
months. After five years the work permit can be renewed indefinitely.
Green Card Permit
•
•
no Labour Market Needs Test is required
Green Cards may be applied for by the employer or the employee and
are granted for an initial period of two years, with possible permanent
residence granted after two years.
•
•
•
Green Card Permit
The following documents should be submitted when applying for a Green
Card Permit:
•
•
Intra-Company Transfer Permit
•
•
•
•
the application may only be made by the host organisation in Ireland,
which must be registered and trading in Ireland
permits are granted for a maximum of 24 months and may be extended to
a maximum stay of five years
Dependants and Spousal Permit
•
•
•
•
•
•
either the employee or the employer can make the application
permits are normally granted up to the expiry of the spouse’s permission to
remain and can be renewed thereafter
easier access to employment in Ireland is granted to persons applying
for Spousal Permits
no fee is charged.
5.1.2 Documents
Work Permit
The following documents must be submitted when applying for a work
permit:
•
•
•
a fully completed new employment permit application
a passport (valid for at least three months after the proposed expiry date
of the work permit)
evidence that a Labour Market Needs Test has been undertaken for the
vacancy
242
evidence of the employee’s certified qualifications
for medical professionals only, a copy of the registration with the
appropriate medical body or validation of qualifications from the
Department of Health and children should also be attached
payment of the appropriate processing fee.
•
a fully completed new employment permit application form specifying
that it is a Green Card application, including all relevant documentation.
The form must be signed by both the employer and the employee
a passport (which must be in date and valid for three months after the
proposed expiry date of the Green Card)
the original job offer, with a duration of two years or more, on
organisation headed paper and dated within the previous 60 days and
specifying:
- a full description of the proposed employment
- the start date
- the annual salary excluding bonuses
- information in respect of the qualifications, skills or experience
required for the employment
documentary evidence of the employee’s certified qualifications. If the
original documentation is not in English, a certified translation is also
required for medical professionals only, a copy of the registration with
the appropriate medical body or validation of qualifications from the
Department of Health and children should also be attached
Intra-Company Transfer Permit
The following documents must be submitted when applying for an
Intra-Company Transfer Permit:
•
•
•
•
•
•
a fully completed new employment permit application form submitted
by the host organisation with supporting documentation
two passport-sized photographs of the proposed transferee
a copy of the passport of the proposed transferee
documentary evidence of the link between the host and overseas
organisations
evidence that the host organisation is trading in Ireland
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Dependant and Spousal Permit
The following documents must be submitted when applying for a Dependant
or Spousal Permit:
•
•
•
•
•
•
•
•
a fully completed new employment permit application form specifying
that it is a Dependant and Spousal application, including all relevant
documentation
a valid passport, which must be in date and valid for three months after
the proposed expiry date of the Dependant and Spousal permit
a covering letter confirming that this is a Dependant and Spousal
application, providing details of the names and occupations of both
spouses and/or dependants
a copy of the relevant passport pages of the existing employment
permit holder showing the most recent immigration stamp; the
employment permit (in the case of a work visa or work authorisation
holders) and the most recent visa (where appropriate)
a copy of the employment permit of the existing employment permit
holder
a copy of the registration card, issued by the Garda National Immigration
Bureau, of the existing employment permit holder
a letter, dated in the last three months, from the employer of the
existing employment permit holder, confirming how long they are in
employment with them, their job title and salary
a marriage certificate in respect of an application for a spouse, or a birth
certificate in respect of an application for a dependant.
extension to their current student permission (stamp 2) for a six-month period
from when they receive their exam results.
5.2.1 Procedures
An application for permission to remain under the Graduate Permit Scheme
may be made at the foreign national’s local Garda Síochána registration office
or Garda National Immigration Bureau.
A person granted an extension to their permission to remain under this
Graduate Permit Scheme is subject to the terms and conditions of that person’s
current student permission during the six-month period. During the six-month
period the person shall be allowed to work for up to 40 hours per week
without an employment permit, but cannot engage in self-employment or
operate a business in Ireland.
5.2.2 Documents
The following documents must be submitted when applying for a Graduate
Permit:
•
•
•
•
As can be seen from above, Green Cards, Intra-company Transfers and
Dependant and Spousal Permits are given preferential treatment to general
work permit applications. The procedures and documents required in applying
for the same are set out above. In addition to the above, a limited permit is
available to graduates as a special preference category.
Graduate Permit
The purpose of this scheme is to allow legally resident non-EEA third level
graduates to remain in Ireland for the purpose of seeking employment and
applying for an employment permit. A non-EEA student who has, on or after
1 January 2007, acquired a relevant degree or diploma from an Irish third level
educational institution will be permitted to apply for the Graduate Permit
Scheme. The student, at the time of application, must hold a current
Certificate of Registration issued by the Garda National Immigration Bureau.
Persons who qualify under this scheme will be granted one non-renewable
244
an original letter signed by the College Registrar (on the headed paper of
the College) stating that the foreign national has completed the course of
study satisfactorily and the qualification gained
a valid passport;
the current Certificate of Registration issued by the Garda National
Immigration Bureau
the appropriate fee must also be submitted when making the application.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Non-EEA national spouses or dependants of employment permit holders will
require permission to reside in Ireland and this will usually be granted up to the
expiry date of the spouse’s permit.
The spouse of a ‘qualifying sponsor’ whose marriage is subsisting on the date
of the application, or the dependent unmarried child of the sponsor (under 18
years), may apply for a permission to reside for the purposes of family
reunification, provided they can show that the qualifying sponsor fulfils the
minimum income requirement where relevant.
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A ‘qualifying sponsor’ is a non-EEA national who is:
•
•
•
a valid work permit holder and has been in employment for at least 12
months prior to the date of application. He or she must be in full-time
employment on the date of application and have an income above the
threshold which would qualify the family for payment under the Family
Income Supplement (FIS) Scheme administered by the Department of
Social and Family Affairs or
a Green Card Permit holder or
a qualifying researcher (scientific).
Visa required nationals
A visa for the purposes of family reunification may be applied for if the spouse
or dependant requires a visa. If a visa is granted for the purposes of family
reunification, it should be noted that a visa is a form of pre-entry clearance to
Ireland only, and does not guarantee that the foreign national will be
permitted to enter or remain in Ireland.
The processing times for visa applications vary depending on the volume of
applications lodged and the time it takes for an application to reach the Visa
Section in Dublin from the Embassy in which it was lodged. It is advisable to
allow as much time as possible when applying for a visa, but a minimum time
of eight weeks is recommended.
6.2 Procedures
The Registration Authority is the Garda National Immigration Bureau.
Residency is granted by means of an endorsement stamp on the person’s
passport, and a residency document - a Certificate of Registration - is also
issued. Persons who wish to reside in Ireland for longer than 90 days must
register with their local Garda Registration Officer and apply for further
permission to remain before their initial leave to enter expires. One of the
grounds upon which further permission to remain can be obtained is as a
dependant family member of an Irish or EEA national residing in Ireland. In
general, a stamp 3, which permits the person to remain in Ireland on
conditions that the holder does not enter employment, does not engage in any
business or profession and does not remain later than a specified date, would
be granted to the Non-EEA spouse or dependant of an employment permit
holder. A stamp 4, which does not have such conditions attached, may be
granted to a non-EEA family member of an EEA citizen or the non-EEA spouse
of an Irish citizen. This is at the discretion of the Garda National Immigration
Bureau.
246
A family member of a permit holder may be entitled to work subject to the
issuance of a work permit by the Department of Enterprise, Trade and
Innovation, once they are legally resident in Ireland. See details of Dependant
and Spousal Permits above.
The spouse of a ‘qualifying sponsor’ whose marriage is subsisting on the date
of the application, or the dependent unmarried child of the sponsor (under 18
years), may apply for permission to reside for the purposes of family
reunification, provided they can show that the qualifying sponsor fulfils the
minimum income requirement where relevant.
A ‘qualifying sponsor’ is a non-EEA national who is:
•
•
•
a valid work permit holder and has been in employment for at least 12
months prior to the date of application. He or she must be in full-time
employment on the date of application and have an income above the
threshold which would qualify the family for payment under the Family
Income Supplement (FIS) Scheme administered by the Department of
Social and Family Affairs; or
a Green Card Permit holder; or
a qualifying researcher (scientific).
6.3 Documents
The following documents must be submitted in connection with an application
for permission to reside:
•
•
•
a valid passport
evidence that the foreign national has sufficient funds available with which
to support himself or herself and any other dependants
any information requested in connection with the purpose of the foreign
national’s arrival in Ireland.
Visa required nationals
The following documents must be submitted when applying for a family
reunification visa:
•
the spouse of a qualifying sponsor must provide a marriage certificate.
If the marriage took place after the qualifying sponsor took up residence
in Ireland, additional documents must also be provided. Where the foreign
national is the dependent child (under 18 years) of a qualifying sponsor,
evidence of the relationship such as a birth certificate, adoption papers or
the like must also be furnished. Sponsors and family members may be
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•
•
•
•
•
•
required to present DNA evidence, obtained at their own expense and
certified to the satisfaction of the Minister, in support of their claims to be
related. Such evidence will not be sought unreasonably
evidence of finances of the qualifying sponsor (where he or she is the
holder of an employment permit)
a copy of the sponsor’s current employment permit
a copy of the contract of employment of the qualifying sponsor of at
least one year from the date of entry of the family member(s). The
contract must also give the annual salary of the sponsor
a copy of the P60 and three recent consecutive payslips
a current passport, valid for at least one year from the proposed entry
date to Ireland
a clear and legible copy of all pages of the qualifying sponsor’s passport a
copy of the sponsor’s Certificate of Registration (a document issued by the
Irish Immigration Authorities).
248
1. INTRODUCTION
253
2. SOURCES OF LAW
253
253
3.1 Visas
3.3 Procedures
3.4 Documents
253
254
254
254
255
4.1 General
4.2 Procedures
4.3 Documents
255
255
255
5. WORK PERMITS
255
5.1 General
5.1.1 Procedures
5.1.2 Documents
255
256
256
5.2.1 Procedures
5.2.2 Documents
257
257
258
260
6.1 General
6.2 Procedures
6.3 Documents
260
260
261
Italy
Immigration - An International Handbook - ITALY
1. INTRODUCTION
Each year the ‘Italian Immigration Decree’ determines a specific number of
non-EU citizens, categorised by citizenship and profession, who can enter Italy
for employment reasons, in line with the quota system.
The Italian Government has also introduced a new online procedure for filing
and submitting application forms, thus making the application process more
accessible and easier.
2. SOURCES
OF LAW
The following are the main sources of law governing Italian immigration
legislation and procedures:
•
•
•
•
•
•
•
•
Consolidated Immigration Act on Provisions governing immigration and
alien status - Legislative Decree no 286 of 25 July 1998, as modified by Law
189 of 30 July 2002
Inter-Departmental Decree on visas issued on 12 July 2000, by the Ministry
of Foreign Affairs
Decree of the President of the Republic (‘DPR’) no 334 of 18 October 2004
- a regulation amending and supplementing DPR no 394 of 31 August
1999, in respect of immigration matters
Legislative Decree no 30 of 6 February 2007 concerning the rights of EU
citizens and their relatives to circulate and stay in the territories of the
Member States; and circular no 19 of 6 April 2007 of the Internal Ministry
Legislative Decree no 3 of 8 January 2007, concerning the application of
the EU Directive 2003/109/EC regarding the status of citizens from third
countries staying in one Member State for a long period
Law no 68 of 28 May 2007 and the respective Ministerial Decree,
regulating the new rules for brief stays for visits, business, tourism and
study (less than three months)
Legislative Decree no 6 of 3 October 2008, concerning family reunification
EC Regulation no 810 of 13 July 2009, establishing a Community Code on
Visas.
3. VISITORS
3.1 Visas
The Italian Ministry for Foreign Affairs considers the following categories of
workers as visitors for business purposes: economic-commercial operators,
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fashion models and television, radio or film crew. Foreign nationals who enter
Italy as visitors for business purposes are not permitted to carry out any work
activities.
•
As a general rule, most foreign nationals require a visa to enter and work in
Italy (except for EU, EEA and Swiss nationals, or non-EU citizens with a valid
Schengen visa).
•
Foreign nationals from the following countries are not required to hold a visa,
even if entering the country for business purposes, if their stay does not
exceed 90 days: Andorra, Argentina, Australia, Brazil, Brunei, Canada, Chile,
Costa Rica, El Salvador, Guatemala, Honduras, Hong Kong, Israel, Japan,
Malaysia, Macao, Mexico, Monaco, New Zealand, Nicaragua, Panama,
Paraguay, South Korea, Singapore, the United States of America, Uruguay and
Venezuela.
•
For further details, a list of the nationalities that need a visa to enter Italy, on
the basis of the duration and reasons for the visit, is available on the website
of the Ministry for Foreign Affairs, which is at: http://www.esteri.it/.
Visitors for business purposes are allowed to enter and travel in Italy in order
to pursue their economic and commercial aims, and to create new contacts or
conduct negotiations. They are permitted to learn or verify the operation and
use of goods in order to implement commercial and industrial-cooperation
contracts in Italy (e.g. they may attend business meetings, congresses, fairs,
etc.). It is important to note that the activities carried out in Italy must strictly
correspond to the type of permit obtained.
3.3 Procedures
Visitors for business purposes who need a visa must apply for one at the Italian
Diplomatic and Consular Representations in their country of residence.
•
a travel agenda indicating the scheduled business contacts, or a letter
of invitation from an Italian organisation or a fashion agency, or a written
request from an employer or organisation indicating the purpose of the
visit, as well as the agenda and lodging arrangements
proof of financial means of support as per the Ministry of Interior Directive
of 1 March 2000
a health insurance policy with a minimum coverage of EURO 30,000 for
emergency hospital and repatriation expenses
for economic-commercial operators only: a local document demonstrating
their status as an economic-commercial operator (e.g. a business licence or
a Chamber of Commerce certificate).
4. WORKERS
4.1 General
Article 27 of the Immigration Act and DPR no 394 of 1999, provide an easier
procedure for the entry of some categories of workers, such as: university
professors, lecturers or researchers; translators and interpreters; persons who
perform temporary periods of vocational training; international exchange
students who attend the facilities of Italian employers within the scope of an
educational programme; professional nurses hired by public or private
health-care organisations; professional sportsmen or sportswomen;
show-business workers; au pairs; and students. The number of these kinds of
workers is not limited by the quota system.
4.2 Procedures
Procedures differ from case to case, depending on which authorities deal with
the specific kind of work.
4.3 Documents
As with the procedures, the required supporting documentation also differs
from case to case
3.4 Documents
The following documents need to be submitted when applying for a visa:
5. WORK PERMITS
•
•
•
•
a visa application form
a recent passport-style photo
a passport or travel document that is valid for at least three months after
the visa expiry date
a return-trip booking or ticket, or proof of available means of personal
transport
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5.1 General
For open-ended and fixed term work, an Italian work visa is compulsory. A
work visa is released on the basis of a work authorisation, which must have
been requested and obtained in Italy by the Italian employer, within the
governmental quotas limiting the number of non-EU and non-EEA citizens
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allowed to enter and work in Italy (Article 21 of the Immigration Act). In fact,
according to Article 3 the Immigration Act, each year the Italian government
must enact a decree that fixes the annual quota of non-EU citizens who can
enter Italy for work purposes. The decree establishes a fixed number of slots
for self-employed workers, seasonal workers and employees. Some slots can
be reserved, in accordance with international agreements, for the incoming
workers of a specific nationality.
In any event, non-EU, non-EEA and Swiss citizens cannot be employed
without first being granted a visa allowing them to work in Italy.
5.1.1 Procedures
As a general rule, it is the employer who completes the application. First, they
must apply to the Immigration Office for the authorisation (‘nulla osta’) to
work. Next, the foreign national must apply for a visa at the Italian Consulate
in his or her country of residence. Then, within eight days of entry into Italy,
he or she must go to the Immigration Office that released the authorisation
and sign a contract of stay. The Immigration Office will also release an
application form for a permit of stay. This must be forwarded via a post office.
The ‘Questura’ (provincial police authority’s headquarters) will then deliver the
permit of stay to the foreign national.
5.1.2 Documents
In order to obtain the authorisation, the employer, must submit the following
documents to the Immigration Office:
•
•
•
evidence of the existence of suitable accommodation for the foreign
national
a copy of the relevant section of the employment contract
a statement by the employer guaranteeing that it will communicate any
variations to the working relationship with the foreign national to the
Immigration Office.
In order to obtain the visa, the foreign national must provide the following
documents:
•
•
a travel document (usually a valid passport)
evidence supporting the reason for the application (e.g. documentation
justifying the reasons for and duration of the business stay, a copy of the
Italian work authorisation, proof of family status and a copy of the
university admission).
256
The foreign national must also provide general information, e.g. his or her
name, surname, date of birth, nationality and permanent address.
Secondment of executives and highly qualified workers
This is governed by Article 27(a) of the Immigration Act. The quota limit is not
binding on this category.
Secondment of highly skilled staff
This concerns the secondment of employees of organisations or companies
operating in Italy, who are temporarily admitted to perform specific functions
for a limited period of time. This category is governed by Article 27(g) of the
Immigration Act. The quota limit is not binding on this category.
Service contract
This concerns the secondment of employees of organisations, if the
headquarters are located abroad. The foreign nationals are transferred
temporarily to organisations located in Italy in order to carry out services as a
result of a contract. This cateogry is governed by Article 27(i) of the
Immigration Act. The quota limit does not apply to this category.
Entry permit for self-employed work purposes
This permit is granted to a fixed number of non-EU citizens, the number being
fixed by the annual quota decree. The permit covers the following categories:
entrepreneurs (business persons) carrying out activities that are of interest
to the Italian economy; freelancers; members and administrators of
non-cooperative organisations; world famous and professionally highly
qualified artists engaged by public or private entities; and craftsmen. The
foreign nationals in this category must come from non-EU countries that
contribute financially to the investments made by their citizens in Italy.
EC long stay visa
This consists of an open-ended visa, which allows the foreign national to
perform any kind of work in Italy.
5.2.1 Procedures
The procedures to follow in order to obtain the related visa and permit of stay
are the same as for the normal work permit.
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The procedures to follow in order to obtain the related visa and permit of stay
are the same as for the normal work permit.
Service contract
In the first instance, the organisation (i.e. the employer) must contact the
relevant labour unions concerning the objective, place and duration of the
service contract, together with the qualifications and duties of the seconded
workers. The rest of the procedures for obtaining the visa and the permit of
stay are the same as for the normal work permit.
The entry permit application for self-employed work purposes must be
submitted to the Italian diplomatic representation in the country in which the
foreign national has the citizenship. The categories of self-employed workers
who are allowed to enter Italy, the relevant quota figures and any additional
quotas that may be set for specific nationalities are specified in the
‘Immigration Quota Decree’.
The documents to be submitted are the same as for the normal work permit.
In particular, evidence of an annual minimum income, not lower than
that which is set by the CBA for the same categories of workers, must be
provided.
Service contract
The following documents must be submitted when making an application:
•
•
The following documents must be submitted when making the application:
•
The foreign national, or someone acting by proxy, is required to submit a prior
declaration accompanied by a copy of both the application and the enclosed
documents to the ‘Questura’ with territorial jurisdiction. Then, the Questura
will release an authorisation for the performance of the self-employed work.
The foreign national is then required to submit this permit, accompanied by a
copy of the relevant documents, to the Italian consular representation, in order
to obtain the visa.
•
EC long stay visa
A foreign national who has held a valid permit of stay for at least five years can
apply to the ‘Questura’ to obtain this visa.
•
•
•
5.2.2 Documents
The documents to be submitted and the procedures to be followed, are
the same as for the normal work permit, namely: evidence of suitable
accommodation and evidence of an annual minimum income, not lower than
that which is set by the relevant collective bargaining agreement (‘CBA’) for
the same categories of workers.
evidence of adequate financial resources to run the business that the
foreign national wishes to start
evidence of satisfaction of the legal requirements for running specific
businesses (e.g. professional qualifications and enrolment on professional
registers.)
a ‘Certificate of No-Impediment’ from the competent Authority, testifying
that there are no impediments to the issuing of a business licence or
permit, dated no more than three months prior to the date that the
foreign national submits his or her application. Someone acting by proxy
can also apply for the ‘Certificate of No-Impediment’
evidence of the availability of independent accommodation
evidence of guarantees issued in favour of the foreign national by
organisations, Italian citizens or foreign nationals having a legal permit to
stay; alternatively, documents certifying an annual income exceeding the
minimum level required for exemption from health service charges.
EC long stay visa
The following documents must be submitted when making the application:
•
•
•
258
documents comprising all communication in relation to the labour unions
all the other documents that must be submitted for the normal work
permit.
evidence of suitable accommodation
evidence of an annual minimum income that must derive from legal
sources and that must be no lower than the annual amount of the
social allowance
a valid permit of stay released at least five years previously.
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6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
A foreign national who has obtained an EC long-term permit of stay, a permit
of stay for at least one year or a work or study visa, can apply to obtain:
•
•
family reunification
joint entrance.
6.3 Documents
The application must be supported by the followings documents and
information:
•
•
These applications can be submitted for the following categories of relatives:
•
•
•
•
•
spouses, who are not legally divorced and who are over 18 years old
children under 18 years old, stepchildren or children born out of wedlock,
on condition that the other spouse, if present, gives consent. Additionally,
adopted children under 18 years old, assigned children or children under
protection, who are considered equal to one’s own children
dependent children over 18 years old who cannot take care of themselves
because their health status amounts to total invalidity (100%)
dependent parents, only if they have no other sons or daughters in their
country of origin or provenance
parents over 65 years old, only if their sons or daughters are unable to
support them because of documented, serious health problems.
•
•
annual minimum income: this must be derived from legal sources and must
be no lower than the annual amount of the social allowance, plus half of
the amount of the social allowance per person to be reunited
a reunification request for a parent over 65 years old: healthcare insurance
is required, or other appropriate protection, which should guarantee cover
against all types of risks in Italy. Alternatively, voluntary registration with
the National Health Service (‘Servizio Sanitario Nazionale’) by paying a fee
fixed by the government is requested
the accommodation must be congruent with the house building standards,
as shown by the certificate released by the Local Authority Office or the
certificate of sanitary and hygienic suitability released by the ‘ASL’ (the local
health office)
a certificate from the Registry Office concerning reunification, stating the
family relationship, which can be presented directly in the home country by
the person concerned. Such a certificate must be translated, legalised and
validated by the Italian Consular Authority of the home country or country
of origin of the foreign national. If there are doubts concerning the truth
of the family relationship, verifications are activated (e.g. a DNA test at the
foreign national’s expense).
6.2 Procedures
The procedures and documents to be submitted are identical to those for
family reunification and joint entrance. An entry visa and permit of stay are
required for the relatives of the foreign national. The application to obtain the
visa must be completed on-line on the web site of the Ministry for Home
Affairs and the related documents must be submitted to the Immigration
Office. If all the conditions are satisfied, the Immigration Office will then
release the necessary authorisation (‘nulla osta’) to obtain the visa from the
Italian Embassy in the country of origin.
Within eight days of their entry, the relatives must report their presence in Italy
to the Immigration Office, which will then fill in and release the permit of stay
application form. This must then be forwarded via a post office. The provincial
police authority’s headquarters will then deliver the permit of stay to the
foreign national.
260
261
1. INTRODUCTION
265
2. SOURCES OF LAW
265
265
3.1 Visas
3.3 Procedures
3.4 Documents
265
265
266
266
266
4.1 General
4.2 Procedures
4.3 Documents
266
267
268
5. WORK PERMITS
268
5.1 General
5.1.1 Procedures
5.1.2 Documents
268
268
269
5.2.1 Procedures
5.2.2 Documents
270
272
272
272
6.1 General
6.2 Procedures
6.3 Documents
272
272
272
Latvia
Immigration - An International Handbook - LATVIA
1. INTRODUCTION
Notwithstanding the fact that the immigration process has recently been
changed to make work permits cheaper and more effective, it is still very
bureaucratic and unpredictable, making it difficult for some immigrant
workers to come and work in the Republic of Latvia.
The immigration process is administered by the Office of Citizenship and
Migration Affairs (‘OCMA’).
2. SOURCES
OF LAW
The sources of law are the Latvian Immigration Law of 31 October 2002 (last
amended on 1 July 2010) and related regulations issued by the Cabinet of
Ministers (Visa Regulations, Residence Permit Regulations, and Regulations on
Work Permits, and others)
3. VISITORS
3.1 Visas
Visitors for business purposes are not specifically defined in Latvian
immigration law, although they are usually foreign nationals who want to
establish business contacts in the Republic of Latvia and who visit to enter into
cooperation agreements with local organisations.
Foreign nationals, other than EU nationals and visa-exempt country nationals,
require a visa for entering the Republic of Latvia. The list of countries,
whose citizens are exempt from visa requirements according to
Council Regulation 2001/539/EC of 15 March 2001, is available on
http://www.pmlp.gov.lv/en/pakalpojumi/visa/list_countries.html
According to the OCMA, a visit for business purposes does not require third
country residents to obtain a work permit supplementary to a visa, if it is
related to establishing business contacts, conducting business negotiations,
concluding cooperation contracts, or visiting business forums and the like.
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3.3 Procedures
There are individual and group visas that can be further classified as single-entry
visas, double-entry visas and multiple-entry visas. Visas fall into the following
categories:
•
•
•
category A Visa - airport transit visa
category C Visa - short-term visa
category D Visa - long-term visa
For the purposes of a foreign national’s business visit (except EU nationals and
visa-exempt country nationals), the most convenient visa type is the category C
visa. This can be either an individual single-entry, double-entry or multiple-entry
visa, or a group single-entry or double-entry visa. It enables a foreign national to
enter the Republic of Latvia within the specified period of time, once, twice or
an unlimited number of times. He or she can stay for the term indicated in the
visa and must then depart from the country.
State are not required to apply for another one for the Republic of Latvia. In
such cases, a Latvian work permit will be issued automatically, without the
need to follow any of the usual procedures. The Latvian work permit will be
conditional upon the validity of the original work permit in the other EU
Member State.
Other situations when a Latvian work permit is not necessary are when the
foreign national:
•
•
•
The maximum length of stay in the Republic of Latvia with a short-term visa must
not exceed 90 days within any six-month period, starting from the date of entry.
Visas are issued by diplomatic and consular missions of the Republic of Latvia,
and in cases of visa extensions, by the OCMA.
•
3.4 Documents
Upon requesting a visa, the foreign national must present a valid travel
document, the validity period of which must exceed the requested visa term
by at least three months, and must submit:
•
•
•
•
•
a completed and signed visa application form with a photo
a copy of a document attesting that the person has a health insurance
policy
a copy of a ‘summons’ (i.e. invitation) submitted by the host/employer to
the OCMA
a document confirming payment of the fee.
The visa issuing authority has the discretion to request the submission of any
additional documents that it finds necessary.
4. WORKERS
•
•
has received a permanent residence permit for the Republic of Latvia
has received a temporary residence permit for residence related to a pupil
or student exchange, internship or secondment in one of the educational
establishments of the Republic of Latvia. Alternatively, the exchange,
practice or secondment can be in a commercial organisation that is
registered with the commercial register. The intended length of stay must
not exceed one year
has arrived in the Republic of Latvia for performing a tour (e.g. a concert
tour) as a performer (a musician, singer, dancer, actor, circus performer
etc.), an author (a composer, choreographer, director, scenographer etc.) or
an administrative or technical worker to assist with the performance (e.g.
of the concert) and the intended length of stay does not exceed 14 days
arrives in the Republic of Latvia on the basis of an invitation from an
educational or scientific institution, or individual scientist, in relation to
scientific research or participation in the implementation of an educational
programme. The intended length of stay in the Republic of Latvia must not
exceed 14 days
has received a European Community long-term resident residence permit
in the Republic of Latvia
has received a temporary residence permit for a specified period of time,
provided by the scientific co-operation agreement entered into between
the scientific institutions that are included in the register of scientific
institutions. The temporary residence permit must not exceed five years
is a crew member of a ship, which performs international voyages and is
registered in the Latvian Ship Register.
4.2 Procedures
Any of the above-listed foreign nationals is entitled to enter the Republic of
Latvia if he or she has a valid visa or residence permit issued by the Republic
of Latvia or other Schengen area country.
4.1 General
Foreign nationals who already hold a work permit for any other EU Member
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4.3 Documents
Apart from a valid visa or residence permit, the foreign nationals listed in 4.1
above, must have valid health insurance and sufficient financial means.
5. WORK PERMITS
5.1 General
If foreign nationals of listed countries enter the Republic of Latvia with the
purpose of working, they may fall within the requirement to obtain a visa or
residence permit. In principle, all foreign nationals, except EU nationals, who
wish to work in Latvia, must apply concurrently for both a temporary residence
permit and a work permit. However, in some cases the foreign national may
require a visa instead of a residence permit.
Visas and work permits are issued for a term of work of up to 90 days in a
six-month period. They are issued to foreign nationals whose planned work in
the Republic of Latvia falls within one of the following categories, which
include, but are not limited to: work in state academic/scientific institutions,
work as an IT specialist, a dancer, a singer, a performer, a company board
member or as the sole founder/shareholder of a company.
A work permit is issued together with a residence permit and is subject to a
statutory fee of EUR 50 per year. No additional fee need be paid for a work
permit if it is extended by the annual renewal of a residence permit.
The term for issuing work permits is closely related to the one for residence
permits. Since issuing a work permit is subject to receipt of a residence permit,
the term for reviewing documents is the same as for a residence permit: either
five working days, ten working days or 30 calendar days, depending on the
amount of state fee paid for the review of the residence permit application.
5.1.1 Procedures
The procedures vary depending on the reason the foreign national is coming
to the Republic of Latvia, i.e.:
•
•
to work under an employment contract; or
to provide services under a services agreement.
In other words, it will depend upon whether the foreign national will be
employed by a Latvian or a foreign organisation, which provides services in the
Republic of Latvia.
268
If the foreign national will work under an employment contract, the inviting
organisation must first draft a vacancy announcement and publish it in the
database of the State Employment Agency. This vacancy must be available for
at least one month and all unemployed residents of the Republic of Latvia
qualifying for this position will be entitled to apply for the position. Only if no
qualified Latvian residents apply for the position will the inviting organisation
be permitted to invite third country citizens.
If the foreign national will provide services under an agreement, no vacancy
need be registered, and the inviting organisation can proceed with registration
of a ‘summons’ (i.e. an invitation) with the OCMA. Once it is registered, the
remainder of the process will be carried out by the foreign national, who must
submit, in person, the documents required for a residence permit and a work
permit. The documents for a residence permit and a work permit can only be
filed outside the Schengen area countries, preferably in the home state of the
foreign national. An exception would be in situations where the foreign
national already has a residence permit in another country in the Schengen
area. In such a case, he or she may file the documents in the Latvian Embassy
of the relevant Schengen area country.
Once all the documents have been submitted at the Latvian Embassy, the
Embassy will forward them to the OCMA, upon which the OCMA will review
them and decide whether to grant the residence and work permits.
The schedule for completion of all the procedures is approximately three
months. However, in cases of urgency it is possible to request an expedited
procedure and if this is used the schedule is approximately two months.
Residence permits can be requested for a period of up to five years.
Nevertheless, even if the OCMA issues a residence permit for more than one
year, the relevant insert that appears in the foreign national’s passport will be
granted for only one year and must therefore be renewed annually.
5.1.2 Documents
When applying for a residence permit and work permit together (an all-in-one
application), the foreign national must present a valid passport (the validity
term of which must exceed the term of visit by at least three months) and
•
•
•
a standard application form with a photo
a copy of the ‘summons’ submitted by the host/employer to the OCMA
documents confirming the envisaged place of residence in the Republic of
Latvia (e.g. a lease agreement)
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•
•
•
an excerpt from the criminal records of the state where the foreign
national has been residing for the last 12 months (required only for those
foreign nationals who require a visa for entering the Republic of Latvia)
documents confirming sufficient financial means for daily expenses in the
Republic of Latvia. According to the Regulations of the Cabinet of
Ministers, the amount for daily expenses for foreign nationals is double
that of the average salary for individual merchants, Management Board
members, or self-employed persons. It is equal to the average salary in the
Republic of Latvia for other employed persons. In May 2009 the average
salary in Latvia was EUR 660
a document confirming the payment of the application fee.
Once the OCMA has taken a decision on issuing the residence and work
permit, the Embassy where the documents were submitted issues a visa to the
foreign national for entry into the Republic of Latvia. Upon arrival in the
Republic of Latvia, the foreign national must collect the permits at the OCMA
within three working days, by presenting the following documents:
•
•
a medical certificate, issued by a Latvian medical institution, confirming
that the foreign national does not have tuberculosis or any other illness
specified in the Regulations of the Cabinet of Ministers
a valid health insurance policy.
The OCMA can issue work permits without needing to register a vacancy at
the State Employment Agency. They are issued to the foreign nationals listed
below, and are related to the term of their residence permit or visa (in the
latter case: if the employment is related to a short-term or irregular residence
in the Republic of Latvia that does not exceed 90 days in a six-month period):
Visa
accredit and supervise laboratory,
certification and inspection institutions
IT specialists with consistent education
and at least three years’ experience
in top-level position in IT branch
x
Professional sportsmen, arriving
upon invitation of sports club
x
x
Sports trainers
x
x
Drivers for international freight shipment
x
Workers in the regulated
profession of civil aviation
x
Students of an educational institution
who have an internship in an accredited
educational institution of Republic
of Latvia or in a commercial organisation
registered with the Commercial register
x
x
Experts advising a state
or municipality institution
x
x
Management board members,
council members, liquidators
and other persons entitled to represent
an organisation and registered
with the Commercial register
x
x
Persons, who have invested at least
LVL 25,000 in share capital of a
commercial company and the company
has paid taxes to the state and municipal
budgets together in the amount of at least
LVL 10,000 during the last financial year
x
x
x
Residence Permit
Composers, musicians, singers,
choreographers, dancers, directors,
actors, circus performers, technical
workers involved in safeguarding
the performance
x
x
Educators in an accredited
educational institution
x
x
Individual merchants
x
x
Evaluators who evaluate,
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5.2.1 Procedures
In most cases, the work permit is issued by the OCMA. Upon entering the
Republic of Latvia, the foreign national must visit the OCMA within three
working days and collect his or her work permit.
5.2.2 Documents
The foreign nationals who are subject to the above listed exemptions need not
submit any additional documents other than for the application for a visa (see
section 3 above) or residence permit (see section 4 above), except if the
Embassy or OCMA requests additional ones.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Dependants are not separately defined in the Latvian statutory acts relating to
immigration. Spouses and children are usually regarded as dependants of a
foreign national.
6.2 Procedures
The foreign national and each of his or her dependants must submit a
separate application form. However, all the documents must be filed together
at the same time.
6.3 Documents
Dependants must submit the same documents as the principal foreign
national, plus a document confirming their family relations.
272
1. INTRODUCTION
277
2. SOURCES OF LAW
278
278
3.1 Visas
3.3 Procedures
3.4 Documents
278
279
279
280
280
4.1 General
4.2 Procedures
4.3 Documents
280
282
283
5. WORK PERMITS
283
5.1 General
5.1.1 Procedures
5.1.2 Documents
283
284
284
5.2.1 Procedures
5.2.2 Documents
285
286
286
287
6.1 General
6.2 Procedures
6.3 Documents
287
288
288
Lithuania
Immigration - An International Handbook - LITHUANIA
1. INTRODUCTION
As of 21 December 2007, Lithuania has been a part of the Schengen visa area.
Lithuania has modified its immigration legislation since 22 July 2009 and made
some changes to the Law on the Legal Status of Foreign Nationals in Lithuania
(4 August 2009). The purpose of the modification was to transpose the
following European directives:
•
•
•
•
2003/109/EC of 25 November 2003, concerning the status of
third-country nationals who are long-term residents
2004/114/EC of 13 December 2004, on the conditions of admission of
third country nationals for the purposes of study, pupil exchange,
unremunerated training or voluntary service
2005/71/EC of 12 October 2005, on a specific procedure for admitting
third-country nationals for the purposes of scientific research
2006/562/EC of 15 March 2006, concerning the rules that govern the
movement of persons across borders (Schengen Borders Code).
The forthcoming transpositions to the Law on the Legal Status of Foreign
Nationals are:
•
•
•
•
•
•
•
Council Regulation (EC) No 380/2008 of 18 April 2008 amending
Regulation (EC) No 1030/2002 laying down a uniform format for residence
permits for third-country nationals
Regulation (EC) No 444/2009 of the European Parliament and Council of
28 May 2009 amending Council Regulation (EC) No 2252/2004 on
standards for security features and biometrics in passports and travel
documents issued by Member States
9 July 2008, concerning the Visa Information System (‘VIS’) and the
exchange of data between Member States for short-stay visas (VIS
Regulation)
Directive 2008/115/EC of 16 December 2008, on common standards and
procedures in Member States for returning illegally staying third-country
nationals
Directive 2009/50/EC of 25 May 2009, on entry and residence conditions
of third-country nationals for the purposes of highly qualified job positions
13 July 2009, establishing a Community Code on Visas (‘Visa Code’)
Directive 2009/52/EC of the European Parliament and Council of 18 June
2008 providing for minimum standards on sanctions and measures against
employers of illegally staying third country nationals
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•
Regulation (EU) No 265/2010 of the European Parliament and Council of
25 March 2010 amending the Convention Implementing the Schengen
Agreement and Regulation (EC) No 562/2006 as regards movement of
persons with a long-stay visa.
2. SOURCES
OF LAW
The main sources of law governing immigration in Lithuania are:
•
•
•
The Law on the Legal Status of Foreign Nationals in Lithuania (amended on
4 August 2009)
Order of the Minister of Social Security and Labour of Lithuania on the
Approval of Regulation in respect of the Terms and Conditions on the Issue
of Work Permits for Foreign Nationals (which came into force 19 August
2009)
Order of the Minister of Social Security and Labour and the Minister of the
Interior of Lithuania on the Approval of Regulation in respect of Terms and
Conditions on the Issue of Work Permits for Foreign Nationals residing in
Lithuania.
3. VISITORS
3.1 Visas
The different types of visa are:
•
•
Schengen visa, the various sub-types of which are:
- airport transit visa (visa A)
- short-stay visa (visa C)
national visa (D).
On 5 April 2010, the Community Code on Visas (Regulation (EC) No 810/2009
of the European Parliament and Council) entered into force. The provisions of
this Regulation apply to any third-country national who needs to have a visa
when crossing the external borders of the Member States, pursuant to Council
Regulation (EC) No 539/2001 of 15 March 2001.
A full list of situations when a foreign national needs to obtain permission to
work in Lithuania is provided in Article 58 of the Law on the Legal Status of
Foreign Nationals in Lithuania. The conditions are specified in the Order of the
Minister of Social Security and Labour of Lithuania on the Approval of the
Regulation in respect of Terms and Conditions on the Issue of Work Permits for
Foreign Nationals. Upon terminating lawful activities in Lithuania, a foreign
national must depart from the country.
In addition to the above conditions, business visitor entrants who do not need
to obtain a work permit are allowed to engage in business dealings for not
more than three months per year, if they relate to negotiations for making and
implementing a contract, personnel training and the establishment of
commerce and equipment installation.
A foreign national who periodically visits Lithuania to work or engage in any
other lawful activity and whose main place of residence is in a foreign country
will be issued a multiple entry national visa for one year.
3.3 Procedures
Article 45 of the Law on the Legal Status of Foreign Nationals in Lithuania
describes the procedure for issuing a temporary residence permit to a foreign
national who intends to engage in lawful activities. This Regulation also
describes the activities allowed for visitors for business purposes. Such a
permit may be issued for a period of one year, on the following conditions:
As a general rule, foreign nationals require a visa to enter and/or stay in
Lithuania. Citizens from EU Member States, Iceland, Liechtenstein, Norway
and Switzerland do not require visas.
•
A list of the countries whose citizens do not need visas to enter Lithuania is set
out on page 32 of the Migration Yearbook 2009 (please visit
www.migracija.lt).
•
•
The visa-free travel regime and a requirement to be in possession of a visa is
set out in Article 11 of the Law on the Legal Status of Foreign Nationals in
Lithuania (please visit www3.lrs.lt).
278
the foreign national should register himself or herself as the owner or
co-owner of an enterprise, agency or organisation in Lithuania, in which
the nominal value of his or her proportion of the authorised capital
comprises no less than LTL 50,000 (approximately EUR 14,500)
the foreign national’s stay in Lithuania should be necessary in order to seek
to attain the aims of the enterprise, agency, or organisation and carry out
the necessary activities
the foreign national should be the head or an authorised representative of
an enterprise, agency or organisation registered in Lithuania, if the
principal goal of his or her entry is to work at the enterprise, agency or
organisation
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•
the foreign national should intend to engage in lawful activities in
Lithuania, for which no work permit or permit to engage in certain
activities is required.
For the purpose of obtaining a visa (a Schengen or national visa), a foreign
national must apply to the overseas diplomatic missions and consular offices
of Lithuania or to the overseas diplomatic missions and consular offices of
other Schengen Member States representing Lithuania.
•
A foreign national wishing to obtain a visa must pay a consular fee of EUR 60.
3.4 Documents
A foreign national should submit the following documents when applying for
a visa:
•
•
•
•
•
•
a valid travel document
a Schengen or a national visa application form
one recent colour photo (35x45mm) depicting his or her current age
a valid document evidencing health insurance cover
documents proving his or her right to return to the state he or she came
from, or to a state where he or she has citizenship or is a permanent
resident, or proving his or her right to travel to the third country.
Certain other documents may need to be submitted, depending on the type
of visa being applied for.
4. WORKERS
•
4.1 General
Citizens of EU Member States and their family members who intend to work
in Lithuania are not required to obtain a work permit. A foreign national from
other third countries is exempt from the obligation to obtain a work permit if:
(1) he or she holds a temporary residence permit in Lithuania, issued under
certain conditions, as set out in legislation; or (2) he or she holds a permanent
residence permit.
•
•
•
•
The Minister of Social Security and Labour has set out the following situations
when a foreign national does not need to obtain a work permit:
•
if he or she registers himself or herself as the owner or co-owner of an
enterprise, agency or organisation in Lithuania, in which the nominal value
280
•
of his or her proportion of the authorised capital held in the enterprise
must comprise no less than LTL 50,000 (approximately EUR 14,500). His or
her stay in Lithuania should be necessary for seeking to attain the aims of
the enterprise, agency, or organisation and carrying out the necessary
activities. The foreign national should be the head or an authorised
representative of an enterprise, agency or organisation registered in
Lithuania, if the principal goal of his or her entry is to work at the
enterprise, agency or organisation
if he or she visits Lithuania for not more than three months per year to
engage in business dealings relating to negotiations for making and
implementing a contract, personnel training, establishing commerce, or
equipment installation
if he or she is an employee of a foreign legal entity (except for non profitmaking ones), which is located in a Member State of the World Trade
Organisation (i.e. a non-EU Member State). The foreign national should be
transferred to a subsidiary enterprise, a branch office or an representative
office of the legal entity, which should be registered in Lithuania and
render similar services. The foreign national must have at least one year’s
experience working under an employment contract in the foreign legal
entity where he or she holds one of the leading positions or is a specialist.
He or she needs to have gained information that is very important for the
organisation. The maximum duration of work in Lithuania cannot exceed
three years (except for a foreign national who holds one of the leading
positions)
if he or she is not a citizen of an EU Member State and is working legally
and continuously in an EU Member State organisation. He or she should
be sent to work in Lithuania temporarily and should have the EU Member
State (except Denmark) issued certificates E101 and E102, or a certification
from Denmark or the European Free Trade Association (‘EFTA’) confirming
that he or she has social insurance cover
if he or she visits Lithuania to implement common inter-governmental
programmes
if he or she is a professional sportsperson or a coach, working under a
contract of sport practice
if he or she visits Lithuania to execute research or to engage in
educational work in Lithuania’s educational or academic institutions
if he or she is a member of a ship’s crew, sailing international routes with
the flag of Lithuania
if he or she is a member or a priest of a traditional Lithuanian religious
community (or one of Lithuania’s officially accepted religious communities)
and is materially dependent on it. He or she should have a document of
mediation, issued by the leader of the religious community
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•
•
•
if he or she is a permanent citizen of an EU Member State, who has already
been granted permission to work or live temporarily in Lithuania and has
worked or lived there for at least one year and wishes to work under an
employment contract
if he or she is a representative of a charity in another state and comes to
Lithuania to provide the charitable activity
if he or she is a participant in a volunteer programme, sustained by the EU
or its Member States.
4.2 Procedures
A temporary residence permit can be issued to a foreign national who intends
to work in Lithuania and has permission to work or is exempt from the
obligation to obtain a work permit. A foreign national who intends to work
will be issued a temporary residence permit for one year. A foreign national’s
application for the issue of a temporary residence permit may be examined in
conjunction with the application for the issue of a work permit. Upon the
expiry of a work permit, a foreign national must depart from Lithuania.
including one lodged for the first time, with the public police migration
department of his or her local police office (in the location where he or she is
intending to reside). However the lodging of such an application will not
entitle him or her to stay in Lithuania before his or her application has been
examined and a decision on the issue has been made.
4.3 Documents
A foreign national wishing to obtain a temporary residence permit must pay
about EUR 90. The documents that must be submitted when applying for a
temporary residence permit are:
•
•
•
•
•
•
A residence permit may be issued or replaced if the foreign national:
•
•
•
•
•
•
a completed application form, in the Lithuanian language
a valid passport or a valid travel document and one copy
a valid visa, if the visa-free travel regime is not applicable
one recent colour photo (40x60mm) depicting his or her current age
documents attesting to his or her right to receive a temporary residence
permit
a document proving that he or she has either sufficient income or assets to
reside in Lithuania
proof of his or her accommodation in Lithuania
proof of health insurance
documents certifying payment of the government fee (about EUR 90).
meets the conditions of entry set out in the Schengen Borders Code
has a valid document evidencing health insurance cover
has adequate means of subsistence and/or receives a regular income that
is sufficient for his or her stay in Lithuania
owns residential premises in Lithuania or uses residential premises under a
lease or loan for use contract, provided that the duration of the relevant
contract is not shorter than the period of validity of the temporary
residence permit and has been registered in accordance with the
established procedure
where necessary, produces a list of his or her visits and stays in foreign
countries.
Certain other documents may need to be submitted depending on the
grounds for application (e.g. that the foreign national has a work permit, he
or she is registered as the owner or co-owner of an enterprise, agency or
organisation in Lithuania, in which the nominal value of his or her proportion
of the authorised capital comprises no less than LTL 50,000 etc.),
An EU residence permit will be issued and can be extended for a period of up
to five years, or for the intended period of residence in Lithuania of a citizen
of an EU Member State, where such a period is shorter than five years.
5.1 General
A work permit in Lithuania constitutes a document granting a foreign
national the right to work there for a specified period.
When applying for a residence permit for the first time, a foreign national will
usually be issued one, except for the cases established by the Law on the Legal
Status of Foreign Nationals of Lithuania. A foreign national who applies for the
issue of a residence permit for the first time must lodge his or her application
with an overseas diplomatic mission or consular office of Lithuania. A foreign
national who is lawfully staying in Lithuania may lodge an application,
Citizens of an EU Member State and their family members who intend to work
in Lithuania are not required to obtain a work permit.
•
•
282
5. WORK PERMITS
A foreign national may take up employment in Lithuania under a contract of
employment or, if his or her permanent place of employment is abroad, he or
she may be sent to Lithuania to take up temporary employment there. An
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employer can conclude a contract of employment only with a foreign
national who is in possession of a work permit (apart from the exceptions
referred to above). The contract of employment must be concluded and a
copy, approved in the manner established by legislation, must be submitted by
the employer to the local Labour Exchange Office for registration within two
months from the day of issue of the work permit. The foreign national’s pay
must not be less than that paid to a resident of Lithuania for performing the
same job.
•
•
•
A foreign national who intends to work in Lithuania must obtain a work
permit, except in some cases provided by law where he or she is exempt from
the obligation to obtain one. He or she should obtain a work permit before
entering Lithuania, except if:
•
•
•
•
he or she arrives in Lithuania without a visa
he or she cannot be sent back to the country he or she came from because
there is a real threat to his or her life or freedom or because he or she could
be illegally persecuted
he or she has received education in Lithuania, holds a temporary residence
permit there and has agreed with an employer to work using education
acquired in Lithuania.
A work permit can be issued to a foreign national, if there is no specialist in
Lithuania meeting the employer’s qualification requirements. Therefore, a
work permit will be issued to a foreign national upon taking into account the
needs of the job market in Lithuania.
5.1.1 Procedures
A work permit will be issued to a foreign national and withdrawn by the
Labour Exchange of Lithuania under the Ministry of Social Security and Labour
of Lithuania. The employer must apply for an employment permit and provide
specific information demonstrating that the amount of remuneration being
offered is in line with the Lithuanian job market. The work permit will then
applied for by the foreign national. The foreign national’s application for a
work permit must be examined within two months from the date of receipt of
the application at the Lithuanian Labour Exchange.
5.1.2 Documents
If an employer wishes a work permit to be issued to a foreign national, it must
submit an application to the local labour exchange office. When submitting an
application, an employer must attach the following documents:
284
•
•
•
a copy of the foreign national’s passport
a copy of the foreign national’s diploma
a copy of the decision by a relevant institution concerning the foreign
national’s career qualification recognition, if his or her profession is
regulated in Lithuania; if not, a certificate from the Centre for Quality
Assessment in Higher Education will suffice
a copy of a document confirming the foreign national’s work experience
a copy of a document confirming the foreign national’s refresher course (if
applicable)
a certificate issued by a higher educational institution in Lithuania (if the
foreign national studied in Lithuania)
a completed application form, signed by the employer, together with
additional information (specific information demonstrating that the
amount of remuneration being offered is in line with the Lithuanian job
market etc.), as set out by legislation.
All the documents that are submitted should be translated into the Lithuanian
language and validated by a notary.
A work permit will be issued to a foreign national for a period of up to two
years, specifying the job position and the enterprise, agency or organisation in
which he or she will be employed. The fee for a one-year work permit is LTL
420 (approximately EUR 122); the fee for a two-year work permit is LTL 520
(approximately EUR 150).
Alternatively, if a foreign national wishes to apply for an employment or work
permit, he or she will need to submit the following documentation:
•
•
•
a valid passport
evidence of his or her professional experience and qualifications
information regarding his or her place of residence in Lithuania.
A foreign national who enters Lithuania to take up seasonal employment will
be issued a work permit for a period of up to six months per year, starting from
the first day of entry.
A foreign national who enters Lithuania for employment as an intern or trainee
will be issued a work permit for a period of one year. This can be extended in
exceptional cases, when the period of internship or traineeship is longer than
one year and the extension is necessary for acquiring a qualification in an
appropriate area.
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If a foreign national is a highly qualified employee or the Lithuanian job
market lacks an employee for a certain position, the documents submitted can
be examined and the work permit can be issued more quickly.
5.2.1 Procedures
A work permit will be issued to a foreign national and withdrawn by the
Labour Exchange of Lithuania under the Ministry of Social Security and Labour
of Lithuania. A foreign national’s application for a work permit must be
examined within two months from the date of receipt of the application at the
Lithuanian Labour Exchange.
6. LAWFUL
6.1 General
Foreign nationals (except EU Member States, Iceland, Liechtenstein, Norway
and Switzerland nationals) intending to stay in Lithuania for longer than three
months require a residence permit. The following persons are considered to be
the family members of such a foreign national:
•
•
5.2.2 Documents
The following documents must be submitted for a work permit to be issued
for a legal entity (also a branch office or an representative office) registered in
Lithuania that temporarily employs a foreign nationals:
•
•
•
•
•
•
•
a completed application form for a work permit
the contract between a Lithuanian organisation and a foreign organisation
a detailed explanation of the project being undertaken (i.e. the purpose of
sending the foreign national to Lithuania)
a copy of the foreign national’s employment contract with a foreign
organisation
a certificate, proving that the foreign national has valid social insurance
(with a foreign organisation)
a copy of the foreign national’s diploma.
Documents that must be submitted for issuing a work permit for employment
as an intern or trainee are set out in legislation. It must be noted that a
foreign national wishing to work as an intern or trainee must satisfy the
following conditions:
•
•
•
he or she must be at least 18 years of age, but not more than 30 years of
age
he or she must have a university education or be studying in a higher
educational institution
he or she must be willing to improve his or her Lithuanian language
ability or professional skills.
The fee for a seasonal work permit is LTL 120 (approximately EUR 35).
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STAY FOR DEPENDANTS
•
his or her spouse or the person with whom he or she has entered into a
registered partnership
his or her children (including adopted children) under the age of 18, or
those of his or her spouse or the person with whom he or she entered into
a registered partnership, on the condition that they are not married and are
dependent on him or her
direct relatives in the ascending line who have been dependent on him or
her for at least one year and are unable to use the support of other
family members resident in a foreign country.
The following persons are considered to be family members of a citizen of an
EU Member State:
•
•
•
•
his or her spouse or the person with whom he or she has entered into a
registered partnership
his or her direct descendants who are under the age of 21 or are
dependants on him or her
direct descendants of his or her spouse or the person with whom he or she
has entered into a registered partnership, who are under the age of 21 or
those who are dependants
any dependant direct relatives in the ascending line of a citizen of an EU
Member State, of his or her spouse or of the person with whom he or she
has entered into a registered partnership.
Family members of a citizen of an EU Member State who are not themselves
citizens of an EU Member State, must obtain an EU residence permit upon
arriving in Lithuania, if their residence there is for a period in excess of three
months within a six-month period. They should do so together when arriving
in Lithuania with the citizen of the EU Member State or coming separately to
stay with him/her.
Family members of a citizen of an EU Member State may enter Lithuania with
him or her, or arrive separately to stay with him or her in Lithuania for a
period not exceeding three months, starting from the first day of entry.
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A foreign national can be issued a permanent residence permit, if he or she
has entered Lithuania for residence together with a citizen of Lithuania as his
or her family member.
6.2 Procedures
Family members entering Lithuania to reside with the main foreign national
who has already been issued a temporary residence permit can be issued a
temporary residence permit for the same period as him or her. All permits are
issued by the Migration Department under the Ministry of the Interior of
Lithuania.
6.3 Documents
When applying for a document authorising residence in Lithuania, a foreign
national family member must submit the following documents:
•
•
•
•
•
•
•
•
•
•
•
•
•
a completed application form, in the Lithuanian language
a valid passport
a valid travel document (for verification) and one copy (or, if an EC
residence permit is being applied for, an identity card)
a birth certificate, if familial ties must be ascertained
a marriage certificate, if applicable
any children’s birth certificates, if applicable
documents attesting to his or her right to receive a temporary residence
permit
a document proving that he or she has either sufficient income or assets to
reside in Lithuania
proof of his or her accommodation in Lithuania (or proof of an
undertaking of a Lithuanian natural or legal person to provide a place of
residence for him or her)
proof of health insurance
documents certifying payment of the government fee (EUR 45 to EUR 90)
four passport-sized photos
other documents, depending on the circumstances.
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1. INTRODUCTION
293
2. SOURCES OF LAW
293
293
3.1 Visas
3.3 Procedures
3.4 Documents
293
294
294
295
296
4.1 General
4.2 Procedures
4.3 Documents
296
296
297
5. WORK PERMITS
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5.1 General
5.1.1 Procedures
5.1.2 Documents
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298
299
5.2.1 Procedures
5.2.2 Documents
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302
303
306
6.1 General
6.2 Procedures
6.3 Documents
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309
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Luxembourg
Immigration - An International Handbook - LUXEMBOURG
1. INTRODUCTION
The Grand Duchy of Luxembourg has significantly modified its immigration
legislation through the introduction of the Law of 29 August 2008 on the free
movement of persons and immigration, which came into effect on 1 October
2008.
Pursuant to this legislation, there is no longer any distinction to be made
between a work permit and a residence permit. Now, just one single
document, referred to as a ‘Residence Authorisation’, serves both purposes.
The type of Residence Authorisation varies depending upon the foreign
national’s status.
It should be noted that Romanian and Bulgarian citizens may freely come into
Luxembourg to live here just like any other EU citizen. However, Romanian and
Bulgarian citizens still need (in principle) to obtain a work permit to have a
remunerated activity in Luxembourg, except if their work activity is pursued as
a temporary assignment under a cross-border services agreement with an
organisation established in an EU Member State, an EEA State or Switzerland,
or if they are family members of a EU citizen living in Luxembourg.
2. SOURCES
OF LAW
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•
•
•
•
•
Law of 29 August 2008 on the free movement of persons and immigration
Grand Ducal Regulations of 5 September 2008
Grand Ducal Regulation of 3 February 2009
Grand Ducal Regulations of 31 March 2010
Schengen Agreement of 26 March 1996
Regulation 2009/810/EC of 13 July 2009 establishing a Community Code
on Visas.
3. VISITORS
3.1 Visas
As a general rule, all foreign nationals (other than those from the EU, Andorra,
San Marino, Switzerland, Norway, Iceland, Liechtenstein and other specified
countries) require a visa, even if their stay is for business purposes.
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A list of those foreign nationals that require (or do not require) a Schengen visa
to enter Luxembourg for a maximum period of three months (including for
business purposes) is available at the website of the Ministry for Foreign
Affairs, which is http://www.mae.lu.
These rules are applicable to the entry of all foreign nationals into
Luxembourg, whatever the purpose of their trip (e.g. business, tourist or
family visit).
EU nationals (except for Romanian and Bulgarian nationals), EEA nationals and
Swiss citizens can freely enter Luxembourg to pursue business activities (along
with family members of an EU but not Romanian or Bulgarian citizen, or an
EEA or Swiss citizen already living in Luxembourg).
Foreign nationals (i.e. non-EU nationals, non-EEA nationals and non-Swiss
citizens) as well as Romanian and Bulgarian citizens, wishing to work in
Luxembourg, must in principle obtain a Residence Authorisation, or work
permit if they are Romanian and Bulgarian citizens, as well as a visa, if needed
(see section 5 below). Note that short-term visas do not allow for paid work.
However, foreign nationals and Romanian and Bulgarian citizens, do not need
a Residence Authorisation or work permit, if their stay does not exceed three
months per calendar year and is made within the framework of a business trip,
that is to say:
•
•
•
•
•
a trip to visit professional partners
a trip to look for and develop professional contacts
a trip to negotiate and conclude contracts
a trip to take part in shows, fairs and exhibitions
a trip to attend companies’ board of directors meetings and general
assemblies of shareholders.
3.3 Procedures
A foreign national must first check whether he or she needs to request a
Schengen visa. If so, the visa application should be made in person at a
Luxembourg diplomatic mission (i.e. Embassy or Consulate) or a diplomatic
mission of a Schengen State, which issues visas on behalf of Luxembourg in
the foreign national's home country.
Two copies of the visa application form should be filled in. The application
form is provided by the diplomatic missions.
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The foreign national can then enter Luxembourg with his or her passport and
a valid visa (if needed) to carry out the business trip, which must not exceed
three months per calendar year.
If he or she wishes to stay in Luxembourg for a period exceeding three months,
a Residence Authorisation for a worker must be requested prior to his or her
entry into Luxembourg (or a work permit for Bulgarian and Romanian citizens).
See section 5 below.
Within three days of the foreign national’s entry into Luxembourg, he or she
must make a declaration of arrival to the town administration where he or she
wishes to reside. The foreign national will then receive a copy of the
declaration of arrival.
A declaration of arrival must also be made by EU and Romanian and Bulgarian
citizens, EEA and Swiss citizens, but within eight days of their entry into
Luxembourg.
If an EU, EEA or Swiss citizen wishes to stay in Luxembourg for a period
exceeding three months, he or she must request the delivery of a registration
certificate to the town administration of his or her chosen place of residence,
within three months of arrival in Luxembourg.
3.4 Documents
The following documents should be provided in support of a visa application:
•
•
•
two recent passport photos
a valid passport or travel permit recognised by the Schengen States, the
validity of which must be at least three months longer than the validity of
the visa applied for
written evidence relating to the reason for the journey, such as:
- an official invitation letter for a business trip
- a certified copy of the residence certificate of the referee in
Luxembourg
a hotel reservation
- a return flight ticket
- evidence of sufficient means of subsistence (e.g. bank statements, cash
and credit cards)
- evidence of legal residence in the usual country of residence
- evidence of health or travel insurance covering the foreign national
during his or her stay in Luxembourg.
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Note that the following documents should be provided in support of the
declaration of arrival:
•
•
a valid travel document (passport and visa if required)
a declaration of leave (if any) granted by the town administration where
the foreign national was previously residing.
Additional documents may be requested by the Luxembourg town
administration (such as a certified copy of the employment contract).
The following documents must be submitted to the town administration by
EU, EEA and Swiss citizens for the granting of a registration certificate:
•
•
•
a valid identity card or passport
an employment contract signed and dated by both parties, or a promise of
employment delivered by the future employer (if any), or
a declaration or justification of sufficient financial resources and evidence
of medical insurance coverage.
4. WORKERS
4.1 General
EU and EEA nationals (except for Bulgarian and Romanian citizens), as well as
Swiss citizens, may freely perform work in Luxembourg. They only need a valid
passport or national identity card. This applies to nationals from the following
EU States: Austria, Belgium, the United Kingdom, Cyprus, the Czech Republic,
Denmark, ‘the Netherlands’, Estonia, Finland, France, Germany, Greece,
Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal,
the Slovak Republic, Slovenia, Spain and Sweden. EEA citizens from the following countries can also freely perform work in Luxembourg: Iceland,
Liechtenstein and Norway.
4.2 Procedures
For administrative purposes, EU (including Romanian and Bulgarian
citizens), EEA and Swiss citizens must declare their arrival within eight days of
their entry into the country.
Subsequently, if they wish to stay in Luxembourg for a period exceeding three
months, they must request a registration certificate from the town
administration of their chosen place of residence. They must make this request
within three months of their arrival.
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4.3 Documents
The following documents should be provided in support of the declaration of
arrival:
•
•
a valid travel document (passport and visa if required)
a declaration of leave (if any) granted by the town administration where
the foreign national was previously residing.
Additional documents may be requested by the Luxembourg town administration
(such as a certified copy of the employment contract, or, for Bulgarian and
Romanian citizens, a work permit).
For a registration certificate to be granted, the following documents must be
submitted to the town administration by EU and EEA nationals and Swiss
citizens:
•
•
an employment contract signed and dated by both parties, or a promise of
employment delivered by the future employer (if any), or a declaration or
justification of sufficient financial resources and evidence of medical
insurance coverage (and a work permit for Romanian and Bulgarian
citizens).
5. WORK PERMITS
5.1 General
Note that in Luxembourg, permission to work is granted in the form of a
‘residence authorisation for work’ for third country nationals (i.e. non-EU,
non-EEA and non-Swiss citizens) and a ‘work permit’ for Bulgarian and
Romanian citizens.
Non-EU, non-EEA and non-Swiss citizens, should obtain a Residence
Authorisation for their employment in Luxembourg on a ‘permanent’ basis.
(Bulgarian and Romanan citizens should obtain a work permit). Such a
Residence Authorisation is not necessary for family members of an EU (other
than a Romanian or Bulgarian citizen), EEA, or Swiss citizen already living in
Luxembourg.
A Residence Authorisation is valid for a period of one year, in one profession
and one business activity, for any employer. It can be renewed for an initial
two-year period and subsequently for a three-year period.
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A Residence Authorisation is only granted if the employment of the foreign
national does not harm the priority of employing and benefiting certain other
workers, pursuant to national and European legislation. A Residence
Authorisation must also serve the economic interests of Luxembourg and the
foreign national must have the professional qualifications required for the
position. The position should previously have been declared vacant to the
Labour Administration.
Finally, the foreign national must have appropriate accommodation in
Luxembourg at his or her disposal.
Such requirements can be relaxed for certain sectors of the economy, if they
are facing labour and skills shortages.
5.1.1 Procedures
General overview of the application procedure
In principle, the application for a Residence Authorisation (or work permit) is
made by the employee, with the help of his or her employer, if necessary.
An employer wishing to employ one foreign national subject to a Residence
Authorisation must first make a declaration to the Labour Administration,
stating that the position to be filled by the foreign employee is vacant
(‘déclaration de place vacante’). The relevant form is available at the website
of the Employment Administration, which is at www.adem.public.lu.
If the employer wishes to employ a group of foreign nationals subject to a
Residence Authorisation (or work permit), the employer may request a
collective authorisation from the Ministry for Foreign Affairs and Immigration.
A foreign national must submit his or her request for a ministerial authorisation
from his or her home country and send it to the Ministry for Foreign Affairs
and Immigration in Luxembourg. The application process may last from four to
eight weeks.
The Minister for Foreign Affairs and Immigration will then send a letter to the
foreign national in his or her home country, stating that he or she will receive
his or her Residence Authorisation (or work permit) on arrival in Luxembourg.
This letter is a ministerial authorisation, allowing its holder to stay and work in
Luxembourg once the foreign national has declared his or her arrival to the
town hall of proposed residence and until delivery of the official Residence
Authorisation (or work permit).
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This ministerial authorisation must be used within three months of its delivery.
This means that the entry into Luxembourg and the declaration of arrival must
have been made before the expiration of the ministerial authorisation.
As regards any visa obligations, a visa application must also be made before
the expiry of the ministerial authorisation.
Within three days of the foreign national’s arrival in Luxembourg, he or she
must go to the town hall of proposed residence to declare his or her arrival (or
eight days for Romanian and Bulgarian citizens if in Luxembourg). A copy of
his or her declaration of arrival will then be delivered to the applicant. This
document and the letter from the Minister for Foreign Affairs and Immigration
will legalise the foreign national’s stay and work in Luxembourg until the
delivery of the official Residence Authorisation (or work permit). The foreign
national must request delivery of his or her official Residence Authorisation to
the Ministry for Foreign Affairs and Immigration within three months of the
declaration of arrival.
5.1.2 Documents
To request a ministerial authorisation, the following documents must be
provided:
•
•
•
•
•
•
•
a certified copy of the foreign national’s passport, indicating his or her
place of birth
a birth certificate
a criminal records check
a certified copy of the foreign national’s certificates attesting his or her
professional qualifications
a curriculum vitae
a certified copy of the employment contract signed and dated by the
foreign national
a letter of support written by the foreign national.
If a visa is needed, it must be requested. Please see section 3 above as regards
the documents to be provided for a visa request.
A foreign worker is required to submit the following documents at the time of
making his or her declaration of arrival:
•
•
a worker’s passport
evidence of departure (if any) from the town hall or municipality where he
or she used to reside
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•
•
a ministerial authorisation
if necessary, all family records (i.e. marriage certificate and birth certificate).
(e.g. a certified copy of the employment contract).
To request delivery of the official Residence Authorisation (or work permit), the
foreign worker must provide the following documents:
•
•
•
•
•
•
a certified copy of the ministerial authorisation
a certified copy of the declaration of arrival
a medical certificate proving that he or she satisfies the medical conditions
for authorising the stay, as provided by a doctor established in Luxembourg
evidence of appropriate accommodation, if required
a recent photo fulfilling the ICAO/OACI norms (i.e for passport photos: size
45 x 35 mm, uncovered full-face photo, the head being at least 20 mm
high)
evidence of payment of the tax for delivery of the Residence Authorisation
(i.e. EUR 30 must be paid to the Ministry for Foreign Affairs and
Immigration).
All documents must be translated by a sworn translator into French, German
or English.
The main special preference categories are those foreign nationals who are
posted to Luxembourg for an intra-company transfer or a cross-border services
agreement, as well as highly qualified workers. These categories will be
examined in detail below.
However, it should be underlined that professional sportsmen and
sportswomen, students, trainees, volunteers and researchers are also subject
to specific Residence Authorisations in accordance with Luxembourg
legislation. However, these special categories of foreign nationals will not be
discussed here.
Temporary assignment to Luxembourg for an intra-company transfer
In the framework of an intra-company transfer, the host company in
Luxembourg can request a Residence Authorisation (or work permit for
Romanian and Bulgarian citizens) for foreign nationals (non-EU, non-EEA and
non-Swiss, as well as Romanian and Bulgarian nationals), who are temporarily
assigned to Luxembourg. Such a residence authorisation applies only to those
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foreign nationals who are already employed by the transferring company
through an open-ended contract. A residence authorisation (or work permit)
in this instance is valid for a maximum period of one year. It can be renewed
upon request for the same period again.
Temporary assignment to Luxembourg for a cross-border services
agreement
A Residence Authorisation (or work permit for Romanian and Bulgarian
citizens) must be requested for those third country nationals who are
temporarily assigned to Luxembourg under the terms of a cross-border services
agreement, which is entered into with organisations that are established
outside the EU Member States, EEA States or Switzerland, before their posting
to Luxembourg.
The Residence Authorisation (or work permit) is valid for the length of time
necessary to accomplish the services. It can be extended if, due to exceptional
circumstances, the services have not been accomplished within the planned
timescale.
For a ‘posted worker’ to benefit from a Residence Authorisation for a posted
worker the foreign national concerned must be employed by the ‘posting
organisation’ through an open-ended employment contract, which must have
started at least six months prior to the beginning of the posting to
Luxembourg, subject to the request for a Residence Authorisation.
A Residence Authorisation for a ‘posted worker’ is not needed for those third
country nationals (including Romanian and Bulgarian citizens) who are
temporarily assigned to Luxembourg under cross-border services agreements
with organisations established in the EU Member States, the EEA States or
Switzerland. As long as the assigned foreign nationals are authorised to work
and stay in the country where their employer is established, they can be freely
posted to Luxembourg, except if this posting is made by a temporary work
agency.
If the posting exceeds three months, the posted worker is entitled to receive a
residence authorisation for a ‘posted worker of an EU services provider’.
Highly Qualified Workers
A Residence Authorisation can be issued for those third country nationals who
have a higher education degree or at least five years’ professional experience,
and whose qualifications are needed for the position to be filled.
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Such a foreign national must receive remuneration that equals at least three
times the minimum reference social wage granted to unqualified workers in
Luxembourg (as at 1 July 2010: EUR 5,174.43, index 719.84. Note that the
minimum reference social wage granted to unqualified workers in
Luxembourg is likely to be increased as of 1 January 2011, but at the time of
writing the figure is not known). Note that in Luxembourg, wage rates
prescribed by law, collective agreement or employment contracts are regularly
adapted to changes in the cost of living, which is reflected by the index).
The foreign national must demonstrate that he or she has appropriate
accommodation in Luxembourg.
The Residence Authorisation is valid for a maximum period of three years and
can be renewed for an additional three-year period.
5.2.1 Procedures
The procedure is quite similar to that described in section 5.1.1 for categories
of workers without preferences.
A Luxembourg employer receiving a foreign national who is temporarily
assigned to Luxembourg, as well as a Luxembourg organisation employing a
highly qualified foreign national, must first make a declaration of vacancy to
the Labour Administration.
If the foreign national is a highly qualified worker, he or she must submit a
request for ministerial authorisation from his or her home country and send it
to the Ministry for Foreign Affairs and Immigration in Luxembourg. The
application process may last from four to eight weeks.
If the foreign national is to be temporarily assigned to Luxembourg within the
framework of an intra-company transfer, the request for a ministerial
authorisation must be made by the host organisation in Luxembourg. Once
again, the application process may last from four to eight weeks.
framework of a cross-border services agreement from an organisation
established outside the EU, EEA or Switzerland, the request for ministerial
authorisation must be made by the ‘posting organisation’ in the country of
origin. Again, the application process may last from four to eight weeks.
foreign national stating that he or she will receive a Residence Authorisation
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(or work permit for Bulgarian and Romanian citizens) upon arrival in
Luxembourg. This letter is a ministerial authorisation which allows its holder to
stay and work in Luxembourg once the foreign national has declared arrival to
the town hall of his or her choice of residence and until the delivery of the
official Residence Authorisation.
The ministerial authorisation must be used within three months of its delivery.
This means that entry into Luxembourg and declaration of arrival must be
made before its expiry.
As regards any visa obligations, a visa application must also be made before
the expiration of ministerial authorisation.
Within three days of the foreign national’s arrival in Luxembourg, he or he
must go to the town administration at the chosen place of residence to declare
his or her arrival. A copy of the declaration of arrival will then be delivered to
the foreign national. This document and the letter from the Minister for
Foreign Affairs and Immigration will legalise his or her stay and work in
Luxembourg until the delivery of the official Residence Authorisation (or work
permit).
The foreign national must request delivery of the official Residence
Authorisation to the Ministry for Foreign Affairs and Immigration within three
months of the declaration of arrival.
framework of a cross-border services agreement from an organisation
established in an EU Member State, or in an EEA State or Switzerland, he or
she can freely enter Luxembourg. He or she must make a declaration on arrival
in the Luxembourg town of administration of residence, within eight days of
entry into Luxembourg.
If the assignment exceeds three months, the foreign national must request the
delivery of a registration certificate to the town administration of at the place
of residence in Luxembourg. A Residence Authorisation bearing the reference
‘Worker for a provider of Community services’ will then automatically be
granted by the Ministry for Foreign Affairs.
5.2.2 Documents
To request ministerial authorisation, a foreign national must submit the
documents listed in section 5.1.2 above.
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If a visa is needed, it must be requested. Please see section 3.3 above as
regards the documents to be provided for a visa request.
Then, to request delivery of the official Residence Authorisation, the foreign
worker must provide the documents listed in section 5.1.2 above.
A highly qualified foreign national is required to submit the documents listed
in section 5.1.2 above at the time of making the declaration of arrival.
Documents to be provided for temporary cross-border services
agreements assignment
Where the post is by an organisation established outside the EU, EEA or
Switzerland, to request a ministerial authorisation, a foreign national must
(such as a certified copy of the employment contract).
To request delivery of the official Residence Authorisation (or the work permit
for Bulgarian and Romanian citizens), the highly qualified foreign national
must provide the documents listed in section 5.1.2 above.
All documents must be translated by a sworn translator into French, German
or English.
Documents to be provided for temporary inter-company transfers
assignment
To request ministerial authorisation, a foreign national must submit the
•
•
•
•
•
•
•
•
a certified copy of his or her passport, indicating the place of birth
a birth certificate
a certified copy of certificates attesting professional qualifications
a curriculum vitae
a certified copy of the employment contract, signed and dated by him/her
and his/her employer in the country of origin
a certified copy of the addendum to the employment contract or posting
letter confirming temporary assignment to Luxembourg for a specific
period of time within the framework of an intra-group transfer
If a visa is needed, it must be requested. Please see section 3.3 as regards the
documents to be provided for a visa request.
A foreign worker is required to submit the documents listed in section 5.1.2
above at the time of making the declaration of arrival.
•
•
•
•
•
•
•
•
a certified copy of his or her passport, indicating place of birth
a birth certificate
a certified copy of certificates attesting professional qualifications
a curriculum vitae
a certified copy of the employment contract signed and dated by him/her
and his/her employer in his/her country of origin (which must have started
at least six months prior to the beginning of the posting to Luxembourg)
letter confirming that he or he is being temporarily assigned to
Luxembourg for a specific period of time within the framework of a
cross-border services agreement
If a visa is needed, it must be requested. Please see section 3 above as regards
the documents to be provided for a visa request.
A foreign worker is required to submit the documents listed in section 5.1.2
above at the time of making the declaration of arrival:
(such as a certified copy of the employment contract, etc.).
Then, to request the delivery of the official Residence Authorisation, the
foreign worker must provide the documents listed in section 5.1.2 above.
Where the post is by an organisation established in an EU Member State, an
EEA State or in Switzerland, a visa may need to be requested. Please see
section 3.3 above as regards the documents to be provided for a visa request.
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To make his or her declaration of arrival, a posted foreign national must
•
•
•
a worker’s passport (notably, demonstrating that he or she has the right to
work and reside in the country where his or her ‘posting employer’ is
located)
evidence of departure (if any) from the previous town administration
where he or she had his or her previous residency
if necessary, all family records (marriage certificate, birth certificate).
6.1 General
Right of stay for relatives of EU, EEA or Swiss nationals
The following persons are considered to be family members:
•
•
•
•
The following documents must be submitted to the town administration for
the granting of a registration certificate and a Residence Authorisation for a
‘Worker for a provider of Community services’:
•
•
•
a valid identity card or passport (notably, demonstrating that the foreign
national has the right to work and reside in the country where his or her
‘posting employer’ is located)
a certified copy of the employment contract signed and dated by the
foreign national and his or her employer in the country of origin
letter confirming that the foreign national is being temporarily assigned to
Luxembourg for a specific period of time, for a specific client and within
the framework of a cross-border services agreement.
6. LAWFUL
The Minister for Foreign Affairs may also authorise the stay of additional
family members, whatever their nationality, provided that:
•
•
in their country of origin, they have been relying on the EU, EEA or Swiss
national for financial support or have been part of the household of the
EU, EEA or Swiss national benefiting from the right to stay
the EU, EEA or Swiss national personally takes care of the family member
concerned for serious health reasons.
Dependants who are supported by an EU (including Romanian and Bulgarian
citizen), EEA or Swiss national, who are not themselves EU, EEA or Swiss
nationals, are entitled to stay in Luxembourg for a period of not more than
three months, provided that they hold a valid passport and a visa (if required).
STAY FOR DEPENDANTS
Luxembourg immigration legislation provides specific conditions to be
complied with by dependant family members wishing to stay legally in
Luxembourg with a foreign national (i.e. EU, EEA, or Swiss nationals) or a
sponsor.
A ‘dependant’ can be defined as being someone (e.g. a child, spouse, parent,
or other relative) to whom a foreign national (EU, EEA, Swiss national or
national from a third country) or a Luxembourg national contributes all or a
major part of the necessary financial support.
A ‘sponsor’ can be understood as meaning a third country national residing
lawfully in Luxembourg who applies, or whose family members apply, for
reunification with the dependant.
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spouses
partners, with whom the EU, EEA, or Swiss national has concluded a
registered partnership in accordance with Luxembourg legislation
children of an EU, EEA, or Swiss national and the direct descendants of the
spouse or partner of an EU, EEA, or Swiss national. They must be less than
21 years old or be supported by the EU, EEA or Swiss national or his or her
spouse or partner
direct ascendants who are supported by the EU, EEA or Swiss national or
by his or her spouse or partner.
Dependants who are supported by an EU (including Romanian and Bulgarian
citizen), EEA or Swiss national, who are themselves EU (including Romanian
and Bulgarian citizens), EEA or Swiss nationals can freely come and stay in
Luxembourg if they have valid ID.
However, this right of stay is limited to the spouse, registered partner or
dependant children, if the ‘supporting’ EU, EEA or Swiss national is a student.
This limitation can be overruled if the dependant obtains specific authorisation
from the Minister for Foreign Affairs and Immigration.
All dependants have the right to work in Luxembourg without a specific
authorisation for it, except for dependants of EU, EEA or Swiss nationals who
are in Luxembourg within the framework of student status, as well as for
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Romanian and Bulgarian dependants of a Romanian or Bulgarian sponsor. The
latter are required to request the issue of a Residence Authorisation for work.
The following dependants are authorised to enter Luxembourg with the
sponsor (provided that the above conditions are satisfied):
Right of stay for relatives of third country nationals
A sponsor, who holds a Residence Authorisation, the validity of which is at
least one year, can request a family reunification with specific members of his
or her family. The sponsor must have a good prospect of obtaining a long-term
right of stay and must have been living in Luxembourg for at least 12 months.
He or she can request family reunification with the following members of his
or her family:
•
•
•
•
•
a spouse (who is at least 18 years old at the date of the request for family
reunification)
a registered partner (who is at least 18 years old at the date of the request
for family reunification)
an unmarried child of the sponsor or of his or her spouse or partner, who
is less than 18 years old. The sponsor or his or her spouse or partner must
have been given custody of the child. The child must be a dependant. In
the case of shared custody, the other holder of the right to custody must
have given consent.
In addition, the Minister for Foreign Affairs and Immigration may authorise
family reunification for the following family members:
•
•
‘first degree’ relatives in the direct line of the sponsor or his or her spouse
or partner, if they rely on his or her financial support and are deprived of
the necessary family support in their country of origin
unmarried children over 18 years old of the sponsor or of his or her spouse
or partner, if they cannot provide for their own needs for health reasons.
A family reunification may only be requested if the sponsor satisfies the
following conditions:
•
•
•
he or she must have sufficient means to support his or her own needs, as
well as the dependants, without the need to claim social security benefits
he or she must have appropriate accommodation to host the relevant
family member(s)
he or she must have medical insurance for both himself or herself and the
family member(s).
the sponsor’s children, who must be under 18 years old
the following family members of a sponsor with a Residence Authorisation
as a highly qualified worker, or as a transferred worker or researcher:
- spouses or registered partners (at least 18 years old at the date of the
request for family reunification)
- unmarried children of the sponsor or of his or her spouse or partner,
who are less than 18 years old. The sponsor or spouse or partner must
have custody and they must be dependants. In the case of shared
custody, the other holder of the right to custody must have given
consent.
If family reunification is authorised by the Minister for Foreign Affairs, a
‘Residence Authorisation for a family member’ is granted to the dependant. It
is valid for one year and renewable upon request, as long as the conditions for
obtaining it are met. The length of validity of the Residence Authorisation
cannot exceed the expiry date of the sponsor’s Residence Authorisation.
The Residence Authorisation for a ‘family member’ bestows on them the right
to access to education and academic counselling, training, professional
training and further training courses, as well as the right to work (after
previously obtaining a Residence Authorisation for work).
6.2 Procedures
Right of stay for relatives of EU, EEA or Swiss nationals
For a stay exceeding three months, the family members of an EU, EEA or Swiss
national must go to their town administration of residence to obtain a
registration certificate if they are EU, EEA or Swiss nationals. If they are
nationals from a third country, they must request a Residence Card within the
first three months of their arrival in Luxembourg.
The Residence Card is granted by the Minister for Foreign Affairs and
Immigration for a period of five years, or for a period equalling the length of
the expected stay of the ‘sponsoring’ EU, EEA or Swiss national. It bears the
title: ‘Residence Card for family member of an EU/EEA/Swiss national’.
Right of stay for relatives of third country nationals
Family members who wish to benefit from family reunification must submit a
request for ministerial authorisation from their home country and send it to
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the Minister for Foreign Affairs and Immigration in Luxembourg. The
procedure may take up to nine months, starting from the submission of the
completed application.
•
family member, stating that he or she will receive a Residence Authorisation on
arrival in Luxembourg. This letter is a ministerial authorisation allowing its
holder to stay in Luxembourg once he or she has declared arrival to the town
hall of his or her choice of residence and until the delivery of the official
Residence Authorisation.
Family members, who are third country nationals, must provide the following
documentation to their town administration to request a Residence Card:
This ministerial authorisation must be used within three months of its delivery.
This means that entry into Luxembourg and the declaration of arrival must be
made before it expires. Any visa application that are required must also be
made before it expires.
Within three days of the family member’s arrival in Luxembourg, he or she
must go to the town administration in their place of residence to declare
arrival. A copy of the declaration of arrival will then be delivered to him or her.
This document and the letter from the Minister for Foreign Affairs and
Immigration will legalise the stay in Luxembourg until delivery of the official
Residence Authorisation. Within three months of the declaration of arrival, the
family member must request the Minister for Foreign Affairs and Immigration
to deliver the official Residence Authorisation.
•
•
•
•
•
•
•
Documents for relatives of EU, EEA or Swiss nationals
Family members who are EU, EEA or Swiss nationals, must provide the
following documents to obtain a registration certificate:
•
•
•
•
•
•
•
•
•
310
a valid passport and visa (if required)
a copy of the registration certificate of the ‘sponsoring’ EU, EEA or Swiss
national
documents proving marriage, registered partnership or family connection
documents proving the children are less than 21 years old or are financially
supported by the EU, EEA or Swiss national or his or her spouse or partner
for all other dependants (i.e. other than children, spouses and wives), a
document issued by a public authority of their country of origin,
demonstrating that they are financially supported by the EU, EEA or Swiss
national or are part of his or her household
if required, confirmation that the Minister for Foreign Affairs authorises the
family reunification (e.g. in the case of a family reunification relating to an
indirect relative with serious health issues).
Documents for relatives of third country nationals
To request ministerial authorisation for a family reunification, the following
documents must be provided by the sponsor’s family member:
6.3 Documents
a certified copy of the registration certificate of the ‘sponsoring’ EU, EEA
or Swiss national
documents demonstrating that the children are less than 21 years old or
are financially supported by the EU, EEA or Swiss national or his or her
spouse or partner
for all other dependants (i.e. other than for children, spouses and wives):
a document issued by a public authority of their country of origin,
demonstrating that they are financially supported by the EU, EEA or Swiss
national or are part of his or her household
if required, confirmation that the Minister for Foreign Affairs authorises the
family reunification (e.g. in the case of a family reunification relating to an
indirect relative with serious health issues).
•
a certified copy of the relevant family member’s passport, indicating the
place of birth (which must be valid for a period of at least six months)
a birth certificate
as regards children: a document demonstrating that the sponsor has
custody and responsibility for financial support
a criminal records check (which must be issued less than three months
before the request for the ministerial authorisation)
a letter of support written by the sponsor.
The following documents regarding the sponsor’s circumstances must also be
provided:
•
•
a certified copy of the sponsor’s Residence Authorisation, valid for a
period exceeding one year
a certified copy of the sponsor’s registration certificate (except if the
dependant is entering Luxembourg at the same time as the sponsor)
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•
•
•
evidence of sufficient means of subsistence of the sponsor (e.g. salary, fees,
and property assets) equalling the minimum wage for unqualified workers
in a 12-month period
evidence of appropriate accommodation in Luxembourg (e.g. the floor
space must not be less than 12m2 for the first occupant and 9m2 per
additional occupant)
evidence of medical insurance covering all risks during the stay in
Luxembourg.
If necessary, the family member must request a Schengen visa once the
ministerial authorisation is granted. The following documents should be provided in support of the request:
•
•
•
•
•
•
•
•
•
•
two recent passport photos
a fully certified copy of a valid passport or travel permit recognised by the
Schengen countries, the validity of which is at least three months longer
than the validity of the visa applied for
a birth certificate
a certified copy of the family record book
a criminal records check (issued less than three months before the request
for the ministerial authorisation)
evidence of legal residence in his or her usual country of residence
a declaration by the sponsor to financially support the family member
during his or her stay in Luxembourg. This declaration of support must be
signed before the Mayor (or his or her delegate) of the sponsor’s town of
residence in Luxembourg and be checked by the Luxembourg Ministry for
Foreign Affairs
evidence of sufficient means of subsistence to avoid becoming a burden on
the Luxembourg social system (e.g. bank statements, cash, credit cards)
a certified copy of the registration certificate of the sponsor in Luxembourg
a certificate of health or travel insurance covering the family member
during his or her stay in Luxembourg.
The family member is required to submit the documents listed in section 5.1.2
above at the time he or she makes the declaration of arrival.
Then, to request delivery of the official Residence Authorisation, the family
member must provide the documents listed in section 5.1.2 above.
312
1. INTRODUCTION
317
2. SOURCES OF LAW
317
317
3.1 Visas
3.3 Procedures
3.4 Documents
317
318
319
319
319
4.1 General
4.2 Procedures
4.3 Documents
319
320
320
5. WORK PERMITS
320
5.1 General
5.1.1 Procedures
5.1.2 Documents
320
320
321
5.2.1 Procedures
5.2.2 Documents
321
321
321
321
6.1 General
6.2 Procedures
6.3 Documents
321
322
322
Mexico
Immigration - An International Handbook - MEXICO
1. INTRODUCTION
In Mexico, as with all civil law countries, immigration laws and regulations are
highly codified and are applied and enforced by the National Immigration
Institute (known as the ‘INAMI’). All foreign nationals who wish to enter and
visit or reside (either temporarily or permanently) must comply with the
provisions of the applicable law and regulations, and are subject to the
authorisation of the INAMI. On 29 January 2010, the Federal Official Gazette
published a series of substantial amendments to immigration laws and
regulations. This provided a new Handbook on Immigration Standards and
Procedures to be enforced as of 30 April 2010.
These amendments and reforms, as set out by the Mexican Government, entail
changes in application formalities and procedures and incorporate the use
of technology. The INAMI states that with these changes, immigration
applications and procedures will now be more efficient for all foreign
nationals.
2. SOURCES
OF LAW
The sources of law are the General Population Law, Regulations made under
the General Population Law, the Law of Nationality, and the new Handbook
on Immigration Standards and Procedures produced by the INAMI.
3. VISITORS
3.1 Visas
The Multiple Migration Form (the ‘FMM’) is the Immigration Document issued
to all foreign nationals entering Mexico. It may be authorised with a validity of
up to 180 days for foreign nationals who wish to enter Mexico as tourists;
immigrants in transit; local visitors; temporary visitors; religious associates or
ministers; distinguished visitors; students; press correspondents; visitors with
not-for-profit activities as: business people, human rights observers, election
process observers, artists or athletes, technicians or scientists and aid workers,
amongst others; and visitors with for-profit activities as: career people, board
members, artists or athletes, managers, technicians or scientists.
The FMM also has the statistical purpose of (1) documenting foreign nationals
who wish to enter and visit Mexico for a maximum of up to 180 days; (2)
documenting foreign nationals with a valid visa or special permit to enter
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Mexico, who then apply for an ‘FM3’ or ‘FM2’(see section 5.1 below); and, (3)
documenting foreign nationals who have diplomatic representation in Mexico
or a visa; in order to fulfill their obligation to provide statistical information
upon their entry to Mexico.
•
The FMM for business persons applies to foreign nationals who wish to enter
Mexico to conduct business activities, i.e. employees or representatives of
foreign businesses who wish to enter Mexico to conduct business on behalf of
those foreign businesses (or on their own behalf as investors or entrepreneurs).
The visa is a special permit issued by the INAMI to foreign nationals who fulfill
certain requirements in order to obtain prior authorisation to enter Mexico –
regardless of purpose or capacity. These foreign nationals must first comply
with the additional requirements laid down by the Mexican Government and
obtain a valid visa to travel to Mexico before submitting an application for any
other immigration status, permit and/or activity.
In these cases, the countries listed by the Mexican Government as those
requiring prior authorisation and issuance of a visa are: Afghanistan, Albania,
Angola, Antigua & Barbuda, Saudi Arabia, Algeria, Armenia, Azerbaijan,
Bahrain, Bangladesh, Belarus, Benin, Bolivia, Bosnia-Herzegovina, Botswana,
Brazil, Brunei Darussalam, Burkina Faso, Burundi, Bhutan, Cape Verde,
Cambodia, Cameroon, Chad, the People's Republic of China, Colombia,
Comoros, the Congo, Cuba, Djibouti, Dominica, Dominican Republic, Ecuador,
Egypt, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Georgia, Ghana, Grenada,
Guatemala, Guinea, Guinea Bissau, Equatorial Guinea, Guyana, Haiti,
Honduras, India, Indonesia, Iraq, Iran, the Ivory Coast, Jordan, Kazakhstan,
Kenya, Kyrgyzstan, Kiribati, Kuwait, Laos, Lesotho, Lebanon, Liberia, Libya,
Macedonia, Madagascar, Malawi, Maldives, Mali, Morocco, Mauritania,
Mauritius, Myanmar, Moldova, Mongolia, Montenegro, Mozambique,
Namibia, Nauru, Nepal, Nicaragua, Niger, Nigeria, North Korea, Oman,
Pakistan, Palestine, Papua New Guinea, Peru, the Philippines, Qatar, the
Russian Federation, Rwanda, Sahrawi Arab Democratic Republic, Rwanda, the
Salomon Islands, Samoa, San Cristobal and Nevis, Saint Vincent and the
Grenadines, Saint Lucia, Sao Tome and Principe, Senegal, Serbia, Seychelles
Islands Sierra Leone, Syria, Somalia, Sri Lanka, Sudan, Suriname, Swaziland,
Thailand, Taiwan, Tanzania, Tajikistan, Timor Leste, Togo, Tonga, Tunisia,
Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, the United Arab Emirates,
Uzbekistan, Vanuatu, Vietnam, Yemen, Zaire, Zambia and Zimbabwe.
Business visitor entrants may fall under two different categories in accordance
with Mexican immigration laws and regulations:
318
•
Foreign nationals who intend to undertake the following business activities
unpaid and whose stay in the country will not last more than 180 days:
the commercial exchange of goods or services; the development or
management of foreign capital investments; the provision of previously
agreed professional services; the provision of professional services agreed
to in a technology transfer agreement; activities relating to patents,
copyright and other intellectual property rights; the purchase or sale of
machinery or equipment for technical staff training or for any other
manufacturing process of a Mexican company; professional activities in
terms of the Free Trade Agreements entered into by Mexico; attendance at
board meetings of legally incorporated Mexican companies; managerial or
executive functions.
Foreign nationals who intend to undertake the following paid business
activities and/or whose stay in the country will last more than 180 days:
research into investment opportunities in Mexico; direct foreign investment
or supervision of an investment; legal acts on behalf of a foreign entity; or
commercial transactions.
3.3 Procedures
The FMN must be completed and the specific requirements met. Authorisation
will be made by the INAMI and obtained by the foreign national upon his or her
first point of entry to Mexico. The visa may also be applied for and obtained prior
to entry at a Mexican Consulate. The FMM for business persons may be
authorised with a validity of up to 180 days (non-renewable). Should the
foreigner wish to extend his or her stay in Mexico for business purposes, or
expand or modify the activities for which the authorisation was initially granted,
he or she must submit an application for the corresponding FM3.
3.4 Documents
Please see section 3.3 above
4. WORKERS
4.1 General
In accordance with Mexican immigration laws and regulations, all foreign
nationals who wish to enter Mexico, regardless of purpose or intent, must
complete an FMM at their first port of entry and declare their intention and
proposed activities. This will then be subject to the authorisation of the
immigration authorities. If the foreign nationals wish to conduct business, as
listed in section 3 above, or work, as further explained in section 5 below, they
must, by law, obtain the appropriate permits. To date, Mexican immigration
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law and regulation does not provide for any special categories of immigrants
who do not require a work permit.
4.2 Procedures
Not applicable.
4.3 Documents
Not applicable.
5. WORK PERMITS
5.1 General
In order to visit, live or permanently reside and legally work in Mexico, all
foreign nationals must submit an application and obtain from the INAMI a
work permit. Foreign nationals must comply with the various specific
requirements set forth in the immigration legislation in order to be in a
position to submit an application for a work permit with the INAMI. In
addition, it must be noted that the INAMI has, by law, the discretion either to
grant or refuse a permit.
Foreign nationals may work in Mexico legally under the following immigration
status:
Non-Resident Visitor Status (FM3) with paid activities
This immigration status refers to any foreign national working in Mexico for a
certain period of time who has no intention of residing in Mexico. The FM3 is
authorised with a validity of up to one year and can be renewed up to four
separate and subsequent times (i.e. five years in total). Once the five year
period is over, an application for residence under an FM2 may be submitted.
Resident Status (FM2) with paid activities
This immigration status refers to any foreign national working in Mexico who
intends to live in Mexico for an indefinite period of time. The FM2 is
authorised with a validity of up to one year and can be renewed on up to four
separate and subsequent occasions (i.e. five years in total). Once the five year
period is over, application for permanent residence may be submitted.
5.1.1 Procedures
There are two options for applying and securing an authorisation for
Non-Resident Visitor Status (FM3) with paid activities:
320
Applying before entering Mexico
An application for Non-Resident Visitor Status (FM3) with paid activities must
be filed before the immigration authorities in Mexico. Once the process is
complete and authorisation has been granted, the foreign national must go to
the nearest Mexican consulate to obtain an FM3 photo-card. The foreign
national may not attempt to enter Mexico before the process is complete.
Applying after entering Mexico
An application for obtaining Non-Resident Visitor Status (FM3) with paid
activities may be submitted by a foreign national who has entered Mexico as
a tourist or visitor business person. Once the application has been filed, it will
take approximately four to six weeks for final authorisation.
For Resident Status with paid activities, both previous options apply, with
additional requirements to be fulfilled by the foreign national as well as an
express written intention on the part of the foreign national to reside in
Mexico and conduct paid activities.
5.1.2 Documents
It must be noted that in order to obtain a work permit from the INAMI under
any of the above options, foreign nationals must provide written documents
issued by the Mexican based entity wishing to employ them. Without a formal
‘work offer’ the INAMI will not authorise the work permit application. Under
Mexican immigration laws there is no provision for foreign nationals to enter
the country to seek job opportunities.
Not applicable.
5.2.1 Procedures
Not applicable.
5.2.2 Documents
Not applicable.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Foreign nationals with either Non-Resident Visitor Status (FM3) with paid
activities or Resident Status (FM2) with paid activities may request the
corresponding authorisation for entry or immigration status for their spouse
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and children only (referred to as Economic Dependants). Economic
Dependants are not authorised to work or conduct any other activities than
those related to their day-to-day lives as Economic Dependants and in
accordance with their age and school equivalence from their country of origin.
6.2 Procedures
Economic Dependants’ entry to Mexico will be documented with the same
immigration status, characteristics and validity as that of the foreign national
on whom they depend.
6.3 Documents
The dependants must produce a letter from the foreign national on whom
they depend, stating that he or she will pay their expenses and be financially
responsible for them.
322
1. INTRODUCTION
327
2. SOURCES OF LAW
327
327
3.1 Visas
3.3 Procedures
3.4 Documents
327
328
328
328
329
4.1 General
4.2 Procedures
4.3 Documents
329
329
329
5. WORK PERMITS
330
5.1 General
5.1.1 Procedures
5.1.2 Documents
330
330
330
5.2.1 Procedures
5.2.2 Documents
331
331
332
332
6.1 General
6.2 Procedures
6.3 Documents
332
332
332
Netherlands
Immigration - An International Handbook - NETHERLANDS
1. INTRODUCTION
There are various different sources of Dutch law containing provisions on
immigration. During the last couple of years no extensive changes have
occurred in this area, except that specific transitional provisions have been
introduced containing regulations on work permits for employees of new EU
member states. In addition, the policy on so-called ‘highly skilled migrants’ has
been eased.
2. SOURCES
OF LAW
The fundamental provisions on Dutch immigration law are set out in:
•
•
•
•
The Aliens Act (‘Vreemdelingenwet’)
The Aliens Resolution (‘Vreemdelingenbesluit’)
The Act on the Employment of Foreigners (‘Wet Arbeid Vreemdelingen’,
the ‘WAV’)
Regulations on work permits for employees of new EU member states, as
laid down in specific transitional provisions.
3. VISITORS
3.1 Visas
Foreign nationals (other than EU, EFTA or Schengen country nationals) require
a visa. The rules vary depending on the nationality of the foreign national and
the intended length of stay, as follows:
•
For a stay of more than three months, the visitor must obtain a residence
permit after entering the Netherlands. In order to enter the Netherlands,
most foreign nationals (other than EU or EFTA citizens) require a
provisional visa (Machtiging tot voorlopig verblijf, an ‘MVV’). The MVV is a
provisional visa that you must have to enter the Netherlands if you wish to
stay for more than three months.
•
For a stay of a maximum of three months, the foreign national (other than
nationals of Schengen countries) must obtain a short stay visa in order to
enter The Netherlands.
A list of the nationalities that need an MVV or short stay visa to enter the
Netherlands is available at www.minbuza.nl.
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Foreign nationals can come to the Netherlands to participate in business
meetings.
3.3 Procedures
The visitor must apply for an MVV at the Dutch embassy or consulate in either
the country of the visitor or, if he or she is already living abroad, in the country
where the visitor is residing.
4. WORKERS
4.1 General
For some categories of worker, no work permit is required, for example, for:
•
•
•
3.4 Documents
The MVV
In order to obtain an MVV the application must include:
•
•
•
•
•
•
•
a valid passport
a certified birth certificate
evidence of the business purpose of the trip (e.g. invitation by a Dutch
company)
evidence of sufficient means of support for the stay in the Netherlands
sponsor declaration
evidence of medical travel insurance
two passport photographs.
Short-stay visa
The visitor must apply for a short stay visa at the Dutch embassy or the consulate in the country of the visitor. The application must include:
•
•
•
•
•
•
•
•
valid passport
evidence of the business purpose of the trip (e.g. invitation by a Dutch
company)
evidence of sufficient means of support for the stay in the Netherlands
sponsor declaration
evidence of medical travel insurance
proof of reservations for the journey
proof of return to country of origin or residence
two passport photographs.
328
attendance at a meetings in the Netherlands for a maximum of four weeks
installation of machinery or software in the Netherlands for a maximum of
twelve weeks
a ‘highly-skilled migrant’, who comes to the Netherlands to work as an
employee. To be considered as a highly-skilled migrant the employee must
have a gross annual income of at least EUR 49,087, or EUR 35,997 if he or
she is under 30. A highly-skilled migrant who has a residence permit is
allowed to work in the Netherlands for the period of the employment
contract, for a maximum of five years. A highly-skilled migrant does not
need a work permit.
4.2 Procedures
For the work categories that include attendance at meetings and the
installation of machinery, for example, a short stay visa is required. The
procedures for obtaining a short stay visa are described in section 3 above.
A highly-skilled migrant needs a residence permit only (i.e. not a work permit).
To use the highly-skilled migrant procedure, the employer must first sign a
declaration and a ‘request for advice preceding formal application for an MVV
in relation to a highly-skilled migrant’ and send these to the Immigration and
Nationalisation Service (‘Immigratie- en Naturalisatiedienst’, the ‘IND’). If the
employer receives a positive indication, the employee may submit the MVV
application to the Dutch embassy or consulate. For the procedure for
obtaining an MVV, see section 3 above. The employer or employee should
submit the application for a residence permit at the IND office for labour and
highly-skilled migrants.
4.3 Documents
The documents needed to obtain a short stay visa are listed in section 3 above.
For the documents required for obtaining a residence permit, see section 6
below.
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5. WORK PERMITS
5.1 General
With the exception of the categories described above, the law requires every
employee who is not a national of the EU or EFTA to have both a work permit
and a residence permit. There is only one type of work permit and it is
granted for a maximum of three years.
5.1.1 Procedures
Work permits
The employer is responsible for making the application for a work permit. The
employer needs to provide specific information on the position and duties of
the employee, as well as information demonstrating that the amount of
remuneration is in line with market levels. The application for a work permit
must be made to the Employee Insurance Agency (the ‘UWV WERKbedrijf’). If
the employer receives positive advice, the employee may submit an application
for an MVV to the Dutch embassy or consulate in order to enable the
employee to enter the Netherlands. The following requirements apply to
obtaining work permits:
•
•
•
•
the employee must have applied for a residence permit
the employer must demonstrate that there is no equally suitable Dutch or
EU national available for the job
the position to be filled must have been reported as a vacancy by the
employer to the Employee Insurance Agency (UWV WERKbedrijf) at least
five weeks before the request for a work permit was made
the employee needs to earn at least the statutory minimum wage.
•
•
•
•
the name of the employer and certain personal information about the
employee (name, date of birth, nationality, etc.)
a recent extract of the Chamber of Commerce records of the employer
the employment agreement.
Residence permits
The foreign national must submit the following documents to obtain a
residence permit:
•
•
•
•
•
•
•
•
a valid passport
a signed background record
a certified birth certificate
the employment agreement
proof of application for a work permit
proof of health insurance coverage
proof of sufficient income.
The special categories that exist in the Netherlands are as follows:
•
•
•
highly skilled migrants as described in section 4.2 above
trainees, on the condition that they have a work placement agreement,
have sufficient long-term means of support and the employer has applied
for a work permit
scientific researchers pursuant to and within the meaning of Directive
2005/71/EC.
The procedure will normally take approximately five weeks.
5.2.1 Procedures
Residence permits
The foreign national must submit an application for a residence permit within
three days of entering the Netherlands. The application must be made to the
IND.
•
5.1.2 Documents
•
Work permits
In general, the application must include:
•
a copy of the residence permit (or a copy of the residence permit
application form)
330
•
Highly skilled migrants must obtain an MVV (see section 3) and a residence
permit (see section 4.2).
trainees must obtain an MVV and a residence permit. Further, the
employer is responsible for making the application for a work permit (see
section 5).
scientific researchers: the research project must have been approved by the
educational establishment and the IND must have admitted the
educational establishment to the procedure for scientific researchers
within the meaning of Directive 2005/71/EC. The researcher must obtain
an MVV and a residence permit. The employer must apply for a work
permit.
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5.2.2 Documents
The documents needed to obtain an MVV, residence permit and work permit
are described in respectively section 3, 5 and 6.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Dependants of the employee are persons who are:
•
•
•
•
•
•
•
•
•
•
married to, or have a registered partnership with the employee
the unmarried partner of the employee
minor children (not born in the Netherlands), living at the same address as
the employee, who is the children’s parent
adult children, living at the same address as the employee, who is their
parent
the father or mother of the employee, aged 65 or over and single
a foster child of the employee
children who have not yet been adopted, but are to be adopted into
employees’ family
related to employee, but not minor children or the marriage partner of the
employee, residing at the same address as the employee
family members of a non-privileged NATO employee
wishing to visit the employee in the Netherlands (for between three and six
months).
6.2 Procedures
After entering the Netherlands with an MVV, the dependant must submit an
application for a residence permit to the IND.
6.3 Documents
Depending on the type of dependant, the dependant may be required to
submit the following additional documents and documentary evidence
together with the application:
•
•
•
an original extract (not a copy) from the Municipal Administration and
dated within the last six months, showing the address and family
composition of employee
copies of all of the pages of the front and back of the employees’ residence
permit or of all of the pages of the passport in which employees’ residence
permit has been entered
a Declaration of Relationship Annex completed in full and signed by the
employee (if unmarried).
332
1. INTRODUCTION
337
2. SOURCES OF LAW
337
337
3.1 Visas
3.3 Procedures
3.4 Documents
337
337
338
338
339
4.1 General
4.2 Procedures
4.3 Documents
339
340
340
5. WORK PERMITS
341
5.1 General
5.1.1 Procedures
5.1.2 Documents
341
342
342
343
6.1 General
6.2 Procedures
6.3 Documents
343
345
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Norway
Immigration - An International Handbook - NORWAY
1. INTRODUCTION
A new Immigration Act was adopted on 15 May 2008 and entered into force
on 1 January 2010. However, the new Act does not involve fundamental
changes in regard to work-related immigration.
As a member of the EEA agreement, Norway is bound to adapt national law
in accordance with the unified European market. Regulations governing the
free market in relation to the free movement of people and services are
particularly relevant. In contrast, immigration from non-EU countries that lie
outside the scope of the EEA agreement, is governed primarily by national
rules.
Due to its privileged economic situation, Norway has experienced a rush of
immigration in recent years, and the need to sustain and control it has
increased.
2. SOURCES
OF LAW
The main sources of law are the new Immigration Act and Immigration
Regulations of 15 May 2008 no 35, which came into force on 1 January 2010,
and the supplementary guidelines issued by the immigration authorities.
3. VISITORS
3.1 Visas
Most foreign nationals require a visa in order to enter and/or stay in Norway.
Holders of an EEA passport do not require a visa. In addition, nationals
from Schengen countries and nationals of countries that have visa
exemption agreements do not require a visa. An overview is available at
www.udi.no/Norwegian-Directorate-of-Immigration.
Foreign nationals are granted visitors’ visas to visit Norway as tourists, or for
the purpose of family visits, public assignments or business travel, study visits
or any other activity that does not require a residence/work permit. Visitors are
not entitled to work or perform any other business activities during their visit.
A visa to Norway (and any of the other Schengen countries) is valid for 90
days. The visa cannot be extended after entering the Schengen area and the
total residence time in the Schengen area must not exceed 90 days over the
course of six months.
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3.3 Procedures
A visa application is submitted in person to the nearest Norwegian foreign
service mission or by filing the application online using the missions’ websites.
Depending on the reason and intended duration of stay, different types of visa
exist, as follows:
•
•
•
•
•
•
•
•
•
•
•
•
visitor’s visa for Norway and the Schengen area (‘type C visa’)
visitor’s visa for Norway
visa with Limited Territorial Validity (‘VLTV visa’) (emergency visa)
visa for applying for or awaiting a decision on an application for family
immigration (‘type D visa’)
fiancé(e) permit (i.e. residence permit to marry in Norway)
parental permit (i.e. residence permit for up to nine months to visit one’s own
children in Norway)
visa for persons who have been granted residence permits
visa for skilled workers (i.e. entry visa)
residence permit for medical treatment
visa application on behalf of artists
visa for recreational sailing in Norwegian waters
airport transit visa (‘type A visa’).
More information about the different types of visa can be found at
3.4 Documents
Normally, irrespective of what country foreign nationals apply from, they must
complete an application form and enclose the following documents:
•
•
•
•
•
•
•
•
a passport photo or a photo that meets specific requirements
a copy of their passport and all the used pages in their passport
a written invitation from the person they are to visit in Norway (i.e. the
sponsor)
documentary evidence of the relationship, if they are to visit a family
member
documentary evidence of sufficient financial means for their stay, or a
declaration of guarantee issued by the person they are going to visit
documentation of own funds for the stay or a guarantee declaration from
the sponsor
documentary proof of valid travel insurance and medical insurance
(minimum value of EUR 30,000)
translations into Norwegian or English of any documents that are in
another language
338
•
the fee (they must pay a case-processing fee, regardless of the outcome of
their application).
Documentation requirements vary from country to country (e.g. special
rules apply to foreign nationals covered by the EEA Agreement or
the EFTA Convention) and are subject to variation. More detailed and
up-to-date information about documents and fees, can be found at
www.udi.no/Norwegian-Directorate-of-Immigration or by contacting the
nearest Norwegian foreign service mission.
4. WORKERS
4.1 General
-
As a general rule, foreign nationals from countries outside the EEA area,
who wish to work in Norway, must hold a work permit (see section 5).
Foreign nationals from within the EEA area can live and work in Norway
for an indefinite period without a permit being required, provided that they
follow the procedures set out in section 4.2 below.
For foreign nationals from Bulgaria or Romania, who have not held a residence
permit in Norway for the last 12 months, special transitional rules apply and
they need to apply for a residence permit (see section 5 below).
There are some groups of foreign nationals from both inside and outside the
EEA area who are entitled to live and work in Norway without a specific work
permit. However, they must have obtained the legal right to remain via a visa,
the law, a convention or by other means. Below is an overview of these
groups:
•
•
•
•
•
•
•
•
skilled workers who are not subject to a visa requirement
foreign nationals engaged in certain three-month employment
relationships
foreign nationals involved in certain two-week assignments
foreign nationals who undertake market trading on one day per month
diplomats
Nordic nationals
certain categories of seafarers on board Norwegian ships
certain categories of seafarers on board ships registered abroad.
For more detailed information regarding the above-mentioned main groups
and the exceptions, visit www.udi.no/Norwegian-Directorate-of-Immigration.
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4.2 Procedures
Foreign nationals from the EEA countries mentioned above with a definite
work purpose who travel to Norway, must register online (at
www.selfservice.udi.no) within three months of their arrival and subsequently
attend in person at their nearest police station in order to make their stay
legitimate. If they live in a district with a Service Centre for Foreign Workers,
they need to attend in person (www.sua.no/en/sua). After registration, they
will receive a registry certificate.
Foreign nationals from the EEA countries mentioned above with no job (as
described above), must also follow this procedure after arrival. In addition, they
must register at ‘NAV’, the Norwegian Labour and Welfare Administration
(www.nav.no). After registration, they have the right to stay in Norway for six
months, but will not receive a registry certificate. Once they have a job, or
other grounds for residence, they are obliged to register again. Subsequently,
they are required to attend at a police station in order to show the
documentation listed below. If they live in a district with a Service Centre for
Foreign Workers, they must attend in person in order to show said
documentation.
4.3 Documents
The documentation requirements for foreign nationals from the EEA area
depend on the foreign national’s purpose in coming to Norway. The
documentary requirements for the most common groups are set out below:
Employees
•
•
an employment certificate or contract that is in compliance with the
provisions of the Working Environment Act.
•
•
•
Service providers and business starters
•
•
•
documentary evidence of sufficient financial means to support themselves
and their family
proof of private health insurance or a European health insurance card.
340
an employment contract with the employer abroad
documentation from the client in Norway or the employer in another
EEA country, confirming the assignment and its duration.
More detailed information about the above-mentioned groups and other
types of work purposes, can be found at
5. WORK PERMITS
5.1 General
All other foreign nationals not mentioned in section 4 above, who intend to
stay and work in Norway for more than three months, must hold a work
permit. Work permits are mainly issued on the basis of concrete job offers, and
are therefore limited to one position with one employer only. Below is a list of
the positions for which work permits are available in Norway:
•
•
•
•
•
•
•
•
•
•
•
proof of self-employed status.
Persons with sufficient funds
•
•
•
•
•
•
•
•
•
au pairs
trainees (for vocational training)
skilled workers
workers on the continental shelf
working guests in agriculture
workers for a non-profit, humanitarian or religious organisation
journalists and media employees
specialists
artists, musicians or performers (a work permit is not necessary for com
missions lasting less than 14 days per year)
self-employed persons
seafarers on board foreign ships (however, cruise ships and foreign ships
registered in a ship’s register in an EEA country do not require work
permits)
part-time workers who are students
service providers and seconded employees
seasonal workers
ethnic cooks
market traders from Russia
employees of international organisations
Peace Corps participants
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•
•
•
•
•
workers on working holidays for young people
service providers and self-employed contractors
cross-border workers from Russia
unskilled workers from Russia
researchers with their own funds.
Details of work permits for the kind of work listed above can be found at
5.1.1 Procedures
In principle, a work permit must be granted before a foreign national enters
Norway. The application must be delivered at the Norwegian Embassy or
foreign service mission.
Foreign nationals who are in Norway lawfully (e.g. because they hold a valid
visa) may, however, apply for a work permit domestically in Norway.
Completed application forms should be submitted to their local police station.
As a general rule, a foreign national must personally file his or her work
permit application. However, an employer, or a representative, can also file a
work permit application on behalf of a foreign national, but this will only be
accepted with the written authorisation of the foreign national.
Note that a work permit also functions as a residence permit.
5.1.2 Documents
Because there are so many different types of work permits in Norway, the
required application forms and documents can vary to a large degree.
Accordingly, only the documentary requirements for skilled workers will be
dealt with in this section. More information, including a complete list of
documentary requirements and information about standard fees, is available
at www.udi.no/Norwegian-Directorate-of-Immigration.
Skilled workers are required to submit the following documents:
•
•
•
•
•
a copy of their passport
a passport photo or a photo that meets specific requirements
an employment offer letter, signed by them and their employer
a print-out of information about their employer from the website of the
Central Coordinating Register for Legal Entities (www.brreg.no)
documentary proof of education, containing information about its
duration, content and the level of the educational institution
•
•
•
•
•
•
documentary evidence of work experience, containing detailed
information from former employers about the duration, tasks undertaken
and the nature of the work
a CV
for regulated professions: approval or authorisation
information about where they are going to stay
documentary evidence that the fee has been paid
if an employer is applying on the foreign national’s behalf, an authorisation
form.
Please note that, generally speaking, foreign nationals may enclose copies of
documents with the application, but must be able to present the originals
upon request. Translations of the documents into Norwegian or English must
also be provided.
For special preference categories see section point 4.1.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Lawful stay for dependants depends on whether the foreign national working
in Norway (i.e. the sponsor) and the dependants themselves are citizens of an
EU, EEA or EFTA country.
If both the family members and the sponsor are foreign nationals from within
the EEA area, the family members will be included in the registration
requirement for EEA nationals (i.e. a registration certificate), as described in
section 4 above. The following are considered to be family members in this
category:
•
•
•
•
•
•
•
•
spouses or partners
cohabitants
children and grandchildren below the age of 21
parents and grandparents
foster children under the age of 18
full siblings under the age of 18
fiancé(e)s who are to marry an EEA national in Norway
family members in need of nursing care.
More information about these groups can be found at
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If the family member is a foreign national from outside the EEA area, but the
sponsor is from inside the EEA area, the family member must apply for a
residence card. Those considered to be family members are as follows:
•
•
•
•
•
•
•
spouses or partners
cohabitants
cohabitants with children, or expecting a child
children and grandchildren below the age of 21
children and grandchildren over the age of 21 if the sponsor can provide
for them
parents and grandparents
fiancé(e)s who are to marry an EEA national in Norway.
More about the arrangements can be found at
Family members from outside the EEA with sponsors from outside the EEA,
must follow the general regulations for family immigration. Family members
who can apply are:
•
•
•
•
•
•
•
•
•
•
a spouse or registered partner
a cohabitant with whom the foreign national (i.e. the sponsor) has lived for
two years
cohabitants who have a child together (although they have not lived
together for two years)
children under the age of 18
parents who have daily care and control of Norwegian children, or parents
who have access rights to children in Norway.
persons who are to marry foreign nationals (i.e. sponsors) living in Norway
within six months of the family members’ entry into Norway
single mothers or fathers over the age of 60, without immediate family in
their home country
cohabitants who are expecting a child together
dependent children over the age of 18, without spouses or cohabitants,
who remain or will remain in the home country while the rest of the
family are granted residence in Norway
full siblings under the age of 18, who have no parents or other care
providers in their home country or country of residence.
If the applicant does not belong to any of the above mentioned groups, or
does not meet all the requirements that apply, an application may still be
allowed and will always be considered if there are strong humanitarian
grounds for granting the application.
344
More detailed information can be found at www.udi.no/NorwegianDirectorate-of-Immigration.
6.2 Procedures
The website mentioned above, concerning the three possible ways to seek
family immigration connected to a sponsor holding a work permit in Norway,
has detailed information about how to apply.
Family members of EEA nationals who are themselves EEA nationals must
register online (www.selfservice.udi.no) and subsequently attend in person at
their nearest police station. If they live in a district with a Service Centre for
Foreign Workers, they must attend in person. When they have registered, they
will receive a registration certificate. This certificate is issued free of charge and
is valid indefinitely (i.e. it does not need to be renewed).
Family members of EEA nationals who are not themselves EEA nationals, can
apply for a residence card through their local police district. However, if they
are subject to a visa requirement, they must have a visa to enter Norway. If they
are applying from abroad, application forms must be submitted to the
Norwegian Embassy or foreign service mission.
To apply pursuant to the general regulations, a family member needs to fill in
an application form for work and residence. When applying for a family
immigration permit, the applicant must, as a rule, submit the application to the
relevant Embassy or Consulate in his or her home country or in the country in
which he or she has held a residence permit for the last six months.
If a family member applies for a family immigration permit as a spouse or
cohabitant, the general rule is that the foreign national living in Norway must
have been interviewed by the police. This applies when the marriage or
cohabitation is established abroad, after the foreign national is already settled
and living in Norway. This scheme is used to clarify whether or not a family
member and a foreign national entered into the marriage or cohabitation
voluntarily. There are, however, some exceptions to this rule, for example if the
foreign national living in Norway had turned 25 when the marriage was
entered into. See www.udi.no/Norwegian-Directorate-of-Immigration for
more information.
6.3 Documents
Family members of EEA nationals, who are themselves EEA nationals, must
enclose the following documents with their application for a registration
certificate:
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•
•
•
documentation proving the family relationship, e.g. a marriage certificate,
partnership certificate or birth certificate
a registration certificate or documentary evidence of the basis for residence
of the EEA foreign national with whom the family member came to
Norway, or with whom he or she wishes to be reunited.
Family members of EEA nationals, who are not themselves EEA nationals, must
enclose the following documents with their application for a residence card:
•
•
•
•
•
the application form
documentary evidence of the family relationship (e.g. birth certificates of
children, marriage certificates of spouses, documentation of the
partnership, a transcript from the population register, joint rent contracts
or purchase contracts, joint loans with a cohabitant and documentation of
cohabitants expecting or having children together)
documentation that the family member with whom the foreign national is
applying for family reunification, has the right of residence pursuant to EEA
regulations (i.e. a registration certificate or other documentation)
documentary evidence that the family member is supported, if he or she is:
- a child or grandchild over the age of 21
- a parent or grandparent of the sponsor or the sponsor’s
spouse, partner or cohabitant
- a family member who has no other family in the
home country and who is a member of the EEA foreign national’s
household and is supported by him or her
- a family member who has serious health problems and who can only
be cared for by the sponsor.
If a family member applies pursuant to the general regulations, the
documentation he or she must enclose depends on the permit being applied
for. A list of additional documentary requirements can be found at
The following documents must however normally be enclosed with all
applications for family members’ immigration:
•
•
•
a passport photo (two recent copies)
a copy of the passport (all pages, including those not used)
the family member’s birth certificate
346
•
•
•
•
other country-specific documentation of identity, if relevant (e.g. ID card or
household register)
documentary proof of housing (the deed, rental or sales contract for a
dwelling in Norway)
documentary evidence that the foreign national resident in Norway is able
to support the family member financially (if there are changes in income
while the application is being processed, the family member must submit
updated information)
documentary proof that the foreign national resident in Norway has not
received financial support from social services during the last 12 months.
Depending on which country a family member is applying from, the list of
enclosed documentation may vary. He or she should therefore check with the
Embassy or the Consulate in the country where he or she is applying from, as
to which documents must be enclosed. As a rule, documents should be
translated into Norwegian or English by a certified translator.
The originals of all the documents listed above must be available for presentation
when the application is filed.
1. INTRODUCTION
351
2. SOURCES OF LAW
352
352
3.1 Visas
3.3 Procedures
3.4 Documents
352
353
353
354
354
4.1 General
4.2 Procedures
4.3 Documents
354
354
354
5. WORK PERMITS
354
5.1 General
5.1.1 Procedures
5.1.2 Documents
354
355
356
5.2.1 Procedures
5.2.2 Documents
357
357
358
360
6.1 General
6.2 Procedures
6.3 Documents
360
360
360
Panama
Immigration - An International Handbook - PANAMA
1. INTRODUCTION
While all matters relating to visas are regulated by the National Immigration
Service (‘NIS’), all matters relating to work permits are regulated by the
Ministry of Work and Labour Development (‘Ministry of Labour’).
Consequently, there are two different governmental entities regulating the
stay of foreign nationals in Panama.
All foreign nationals who wish to work in Panama must obtain a work permit
from the Ministry of Labour. This permit is issued for a particular job, is valid
for one year and can be renewed annually (indefinitely in the case of foreign
nationals who have more than ten years’ continuous residence in Panama).
The Labour Code establishes that every employer can hire non-specialist
foreign personnel, if the proportion of foreign personnel is no more than 10%
of the employer’s regular workforce. The employer can, however, employ
foreign specialist or technical personnel, if their number does not exceed 15%
of the total workforce. Notwithstanding this, a larger percentage of foreign
specialists or technicians may be permitted, if the employer obtains a prior
recommendation from the respective Ministry and approval by the Ministry of
Labour.
In the case of offshore organisations, foreign nationals may request work
permits as ‘employees of trust’, which are exempt from compliance with the
percentages indicated above, due to the fact that their salary is derived from
a foreign source and their functions have been performed abroad.
Moreover, pursuant to the Marrakech Agreement (an international
commitment adopted by Panama), an organisation with no more than ten and
no fewer than three full-time Panamanian workers, does not need to comply
with the percentages indicated above and as such can have up to one full-time
foreign employee.
On the other hand, the government of Panama has implemented laws
applicable to specific industrial and commercial sectors that contain special
immigration, labour and tax benefits. These specific sectors are: call centres;
the special economic area, Panama-Pacific (Howard); organisations contracted
by the Panama Canal Authority; organisations established in export processing
zones; headquarters of multi-national companies; and organisations
established in the ‘City of Knowledge’.
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2. SOURCES
OF LAW
The main sources of law governing immigration in Panama are:
•
•
•
•
•
•
•
•
•
•
Decree Law 3 of 2008: this created the National Immigration Service, the
Migratory Career and approved other dispositions
Executive Decree 320 of 2008: this regulated Decree Law 3 of February
2008
Executive Decree 26 of 2009: this changed, added and repealed certain
provisions of Executive Decree 320 of 2008
Executive Decree 17 of 1999: this regulated articles 17 and 18 of the
Labour Code in respect of work permits
Law 41 2007: this created a special regime for the establishment and
operation of the Headquarters of Multi-National Companies, and approved
other dispositions
Law 45 of 1999: this established a migratory regime for foreign employees
of the Panama Canal Authority
Law 41 of 2004: this created a special regime for the establishment and
operation of the Special Economic Area Panama-Pacific (Howard), an
independent organisation of the State
Law 25 of 1992: this established a special regime that creates and
regulates the operation of the Export Processing Zones
Executive Decree 97 of 2002: this created Call Centres
Law Decree 6 of 1998: this approved a contract between the government
of Panama and the City of Knowledge Foundation for the establishment
and development of the City of Knowledge.
authorisation from NIS in order to enter Panama. The foreign national must
request authorisation at the Consulate of Panama in their country of residence.
Alternatively, an interested party resident in Panama can request one directly.
Foreign nationals with visas issued by the United States of America, Australia,
Canada, the United Kingdom or by any EU State, can enter Panama simply by
purchasing a tourist card.
Stamped Visa
A stamped visa applies to certain foreign nationals and does not require prior
authorisation from the NIS. The application can be filed at the Consulate of
Panama in their country of residence. If accepted, the Consulate issues the
corresponding tourist visa and approves the length of stay.
Tourist Card
The citizens of countries who are allowed to travel to Panama with a tourist
card may simply purchase the document from the relevant airline.
Visa Omission Agreement
The countries listed in this category have signed a visa omission agreement
with Panama, by which they reciprocally exempt relevant foreign nationals
from visa requirements.
Visa Exemption
Citizens of the countries listed in this category do not require a visa.
A list of all the categories of nationalities referred to above can be found at
www.panamatramita.gob.pa
3. VISITORS
3.1 Visas
In general, every foreign national needs a visa to enter Panama. In this respect,
all foreign nationals enter the country as tourists, and can later change their
migratory status and apply for any of the available types of visa. The tourist
visa is valid for 30 days and can be extended for up to 60 days. Some
nationalities require a tourist card, while for others no visa is required, as their
country of origin has signed a ‘visa omission agreement’ with Panama.
Under the various visas described above any activities are permitted except
work.
3.3 Procedures
Visa
The authorisation is requested at the Consulate of Panama in the country of
residence or directly in Panama by an interested resident party
The various types of visa are:
Visa
An authorised visa is required for foreign nationals who need prior
352
Stamped Visa
The application may be filed at the Consulate of Panama in the country of
residence. If accepted the Consulate will issue a tourist visa and approve the
length of stay.
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Tourist Card
The foreigner must purchase a tourist card at the airport or from the airline.
permit from the NIS. By the same token, the Ministry of Labour requires that
all foreign nationals who work in Panama must obtain a work permit.
Visa Omission agreement
Only the passport is required.
For those reasons, every foreign national who wishes to work in Panama
requires a work permit issued by the Ministry of Labour, after having previously
changed his or her migratory status at the NIS.
Visa exemption
Only the passport is required.
3.4 Documents
•
•
•
•
•
•
•
•
completed visa form application
copy of the passport
travel itinerary
copy of ID in the country of residence
six updated identity card photos of the applicant
proof of financial solvency
letter from the person requesting or inviting the foreign citizen, containing
the reason for the invitation (conference, meeting, visit, etc.); the proposed
length of stay and copy of the ID residence card of the person signing the
letter of invitation
bank reference letter from the responsible person.
4. WORKERS
4.1 General
Without exception, all foreign nationals who wish to work in Panama, must
obtain a work permit from the Ministry of Labour.
5.1.1 Procedures
The timeframe described below applies to all of the permits listed. Upon filing
the application, a special one-year permit is granted to the foreign national for
the processing of the documents. Upon the expiry of the initial permit, and
provided that all the documents are in order, a temporary residence permit is
granted, valid for up to one year. The foreign national can request extensions
for successive periods of one year each, renewable each year, for up to six
years. In the case of a residence permit within the 10% or 15% of the
regular workforce allowed by law, once the six-year period has elapsed, the
foreign national can apply for permanent residence.
There are four types of work visa:
Temporary permit for foreign personnel hired within 15% of the
regular workforce
This residence permit usually applies to foreign nationals who are employed as
managers, employees of trust, technicians or experts. It is granted to those
who do not have a personal income and who are hired by a legal entity,
earning a minimum monthly salary of PAB 850. The foreign national must first
have obtained a work permit within the 15% exemption from the Ministry of
Labour.
The permit is granted for periods of one year each, up to a total of six years.
Once the six-year period has elapsed, the foreign national can apply for
4.2 Procedures
Not applicable.
4.3 Documents
Not applicable.
5. WORK PERMITS
5.1 General
The law requires that all foreign nationals obtain some type of residence
354
Temporary permit for foreign personnel hired within 10% of the
regular workforce
This residence permit is granted to foreign nationals who are hired within the
10% exemption allowed by law.
It is granted to those who are hired by a legal entity and who earn a minimum
monthly salary of PAB 850. It is essential for the application to be approved,
that it must be accompanied by a resolution issued by the Ministry of Labour,
authorising the foreign national to work in Panama within the 10%
exemption allowed by law.
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Once the six-year period has elapsed, the foreign national can apply for
•
Temporary permit for personnel hired pursuant to the Marrakech
Agreement
This permit is granted to foreign nationals who come to Panama to work for
organisations with no more than ten and no fewer than three full-time
Panamanian employees. The foreign nationals need to receive minimum
wages under the Marrakech Agreement, adopted by Panama, pursuant to Law
23 of 1997. To obtain this permit the foreign national must receive a monthly
salary of no less than PAB 1,000.
•
•
•
•
•
•
•
his or her passport, with a minimum validity of six months and a recent
identity card-type photo
a labour employment agreement, duly countersigned by the Ministry of
Labour
a letter of employment on the organisation’s letterhead, establishing his or
her position and monthly salary, signed by the organisation’s legal
representative
a copy of the organisation’s notice of operations
a copy of the Public Registry certificate for the organisation
his or her work permit
a certificate of affiliation to the Social Security Fund, with a copy of the
identity card issued by it
a receipt of good standing for the organisation as regards tax.
Temporary permit for personnel hired as executives of international
organisations with duties that are performed abroad
This permit, also known as an ‘executive visa’, is granted to foreign
nationals who are hired as senior executives with representative powers, who
receive their salary from abroad and will only use Panama for residence
purposes. This visa enables executives to use Panama as a regional base of
operation and at the same time receive all the advantages that Panama offers
as an international financial and business centre. The permit is granted for a
period of one year, however, the foreign national can request extensions for
successive periods of one year each. The law does not establish limits in
granting extensions for this type of visa.
5.1.2 Documents
The foreign national should submit the following documents when applying
for a visa:
•
•
•
•
•
a certified or cashier's cheque for PAB 250, made out to the National
Treasury
a certified or cashier's cheque for PAB 800, made out to the NIS, to cover
repatriation expenses
a sworn affidavit regarding his or her personal background, duly signed by
him or her (the form is provided by the NIS)
a health certificate issued by a Panamanian physician, which must contain
the name, registry number, and signature of the physician that carried out
the examination. The name of the foreign national must be written in the
same way as appears in his or her passport
a certificate of good conduct issued in his or her country of origin or in the
place of his or her residence for the last two years
356
Under current legislation, there are six types of special permits for personnel
hired by:
•
•
•
•
•
•
the headquarters of multi-national companies
the Panama Canal Authority
the special economic area Panama-Pacific (Howard)
the Panama Export Processing Zones
call centres
personnel hired by the City of Knowledge.
5.2.1 Procedures
For personnel hired by the headquarters of multi-national companies
This permit is granted pursuant to Law 41 of 2007, which created a special
regime for the establishment and operation of the headquarters of
multi-national companies. It also established special benefits.
For personnel hired by the Panama Canal Authority
This permit is granted pursuant to Law 45 of 1999, which established a
migratory regime for foreign employees of the Panama Canal Authority.
For personnel hired by the special economic area Panama-Pacific
(Howard)
This permit is granted pursuant to Law 45 of 1999, which created a special
regime for the establishment and operation of the special economic area
Panama-Pacific (Howard).
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For personnel hired by the Panama Export Processing Zone
This permit is granted pursuant to Law 25 of 1992, which established a
special regime, integral and simplified, for the creation and operation of the
Export Processing Zones.
For personnel hired by a Call Centre
This permit is granted pursuant to Executive Decree 97of 2002, which created
Call Centres.
For personnel hired by the City of Knowledge
This permit is granted pursuant to Law Decree 6 of 1998, which approved a
contract between Panama and the City of Knowledge Foundation, for the
establishment and development of the City of Knowledge.
5.2.2 Documents
The general documentary requirements for all residence permits are:
•
•
•
•
a sworn affidavit regarding the foreign national’s personal background,
duly signed by him or her (the form is provided by the NIS)
a health certificate issued by a Panamanian physician, which must contain
the name, registry number and signature of the physician who carried out
the examination. The name of the foreign national must be written in the
same way as appears in his or her passport
a certificate of good conduct, issued in the foreign national’s country of
origin or in the place of his or her residence for the last two years
the foreign national’s passport, with a minimum validity of six months,
having six recent identity card-type photos of the foreign national.
•
Permit for personnel hired by the special economic area Panama-Pacific
(Howard)
•
•
•
•
•
•
•
a certificate issued by the Licence Authority for the headquarters of
multi-national companies
a letter of employment on the organisation’s letterhead.
Permit for personnel hired by a call centre
•
•
•
•
•
•
•
358
a certified or cashier's cheque for the amount of PAB 250, made out to
the National Treasury; a certified or cashier's cheque for the amount of
PAB 800, made out to the NIS, to cover repatriation expenses; a certificate
issued by the Panama Export Processing Zone Directorate, certifying the
registration of the organisation
a letter of employment on the organisation’s letterhead
identity card issued by it.
Permit for personnel hired by the City of Knowledge
Permit for personnel hired by the Panama Canal Authority
a copy of the contract with the Panama Canal Authority
a certificate issued by the Panama Canal Authority Manager establishing
the employment conditions
the work permit
a letter of employment on the organisation’s letterhead
a certificate issued by the Panama Pacific Area Economic Agency
establishing the register of the organisation in the area
identity card issued by it
a certificate of good standing issued by the Panama Pacific Area Economic
Agency in favour of the organisation.
Permit for personnel hired by the Panama Export Processing Zone
A certified or cashier's cheque for the amount of PAB 250, made out to the
National Treasury; a certified or cashier's cheque for the amount of PAB 800,
made out to the National Immigration Service, to cover repatriation expenses;
a certificate issued by the Panama Export Processing Zone Directorate,
certifying the registration of the organisation in the area; a letter of
employment on the organisation’s letterhead; and a certificate of affiliation to
the Social Security Fund, with a copy of the identity card issued by it.
The specific requirements for each particular permit are:
Permit for personnel hired by headquarters of multi-national
companies
a certified or cashier's cheque for the amount of PAB 100, made out to
the National Treasury.
a certificate issued by the City of Knowledge Foundation, certifying the
registration of the organization and a letter of employment on the
organisation’s letterhead
identity card issued by it.
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6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
All residence permits allow for the lawful stay of dependent spouses and minor
children of the principal foreign national.
6.2 Procedures
All dependants enter Panama as tourists, and must later change their
migratory status and apply for a residence permit as a dependant.
Upon filing the application, a special one-year permit is granted to the
dependant applicant for the processing of the documents. Upon the expiry of
the initial permit and provided that all the documents are in order, a
temporary residence permit is granted, valid for up to one year. The dependant
can request extensions for successive periods of one year each, the length of
which will depend on the conditions of residence granted to the principal
foreign national.
6.3 Documents
The dependant should submit the following documents:
•
•
•
a certificate of good conduct issued in his or her country of origin or in his
or her place of residence for the last two years (only applicable to
dependants over 18 years of age)
a letter from the principal foreign national assuming responsibility for the
dependant
proof of the relationship (e.g. marriage and birth certificates)
An adult dependant who is less than 25 years of age must provide:
•
an academic certificate issued by his or her educational institution,
confirming his or her status as a student and that the studies are full time
a sworn affidavit of his or her unmarried state.
360
1. INTRODUCTION
365
2. SOURCES OF LAW
365
365
3.1 Visas
3.3 Procedures
3.4 Documents
365
366
366
366
366
4.1 General
4.2 Procedures
4.3 Documents
367
367
367
5. WORK PERMITS
367
5.1 General
5.1.1 Procedures
5.1.2 Documents
367
368
368
5.2.1 Procedures
5.2.2 Documents
368
368
368
369
6.1 General
6.2 Procedures
6.3 Documents
369
369
369
Peru
Immigration - An International Handbook - PERU
1. INTRODUCTION
The Immigration Department is responsible for establishing the policies and
procedures necessary to enable it to fulfill its duties as set out in law. The
Immigration Department endeavours to streamline the process of issuing
travel documents, optimise immigration control, manage the stay of foreign
nationals in Peru, and grant ‘letters of nationality’.
2. SOURCES
OF LAW
The main immigration laws in Peru are the following:
•
•
the Foreign Law, approved by Legislative Decree no 703 and
the Nationality Law (Law no 26574) and Regulation no 004-97-IN made
under it.
3. VISITORS
3.1 Visas
Whether a visa is needed depends on the nationality of the foreign national.
Business visas may be granted for nationals of the following countries:
Afghanistan, Albania, Andorra, Angola, Antigua and Barbuda, Algeria,
Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain,
Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia
and Herzegovina, Botswana, Brunei Darussalam, Bulgaria, Burkina, Faso,
Burundi, Cape Verde, Cambodia, Cameroon, Canada, Chad, Chile, Colombia,
Comoros, Congo, Cook Islands, Côte d'Ivoire, Costa Rica, Croatia, Cuba,
Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic,
Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, France,
Gabon, Gambia, Georgia, Germany, Ghana, Granada, Greece, Guatemala,
Guinea, Guinea Bissau, Equatorial Guinea, Guyana, Haiti, Honduras, Hong
Kong, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan,
Jordan, Kazakhstan, Kenya, Kinbati, Kuwait, Kyrgyzstan, Laos, Latvia,
Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg,
Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall
Islands, Mauritania, Mexico, Micronesia, Moldova, Monaco, Mongolia,
Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New
Zealand, Nicaragua, Niger, Nigeria, Niue, North Korea, Norway, Pakistan,
Palau, Panama, Papua New Guinea, Paraguay, People’s Republic of China,
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Philippines, Poland, Portugal, Qatar, Republic of Central Africa, Rwanda,
Romania, Russia, Sahara Occidental, Salomon Islands, Samoa, Saint Kitts and
Nevis, San Marino, San Vicente, Saudi Arabia, Senegal, Serbia and
Montenegro, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia,
South Africa, South Korea, Spain, Sri Lanka, St. Lucia, St. Tome and Principe,
Sudan, Surinam, Swaziland, Sweden, Switzerland, Syria, Taiwan, Tanzania,
Tajikistan, Thailand, East Timor, Togo, Tonga, Trinidad and Tobago, Tunis,
Turkmenistan, Turkey, Tuvalu, Uganda, Ukraine, United Arab Emirates, United
Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Vatican City,
Venezuela, Vietnam, Yemen, Zaire, Zambia and Zimbabwe.
4.1 General
The following two special categories of entrant exist:
The business visa applies to foreign nationals who enter in Peru with no
intention to reside and no income from a Peruvian source. The purpose of the
business trip in this case would be to do business and the visa would allow
them to sign agreements.
4.2 Procedures
In the case of a student or investor a residence visa may be granted,
depending on the length of stay in Peru. If the length of stay is to be more
than a year, a residence visa and a foreigner card would be granted.
Students: to whom visas are granted for study in Peru
Investors: to whom visas are granted for investment purposes. To
demonstrate the validity of the investment, it is necessary to show the
incorporation documents of the company in which the investor (a natural
person) owns stock of a minimum amount of USD 25,000 or its equivalent in
nuevos soles.
4.3 Documents
3.3 Procedures
A foreign national wishing to apply for a business visa should do so before the
Peruvian consulate in his or her country of residence and the required
documents would depend on the consulate.
3.4 Documents
The required documents are as follows:
•
•
•
•
•
•
•
letter granted by the Peruvian organisation
air ticket
hotel reservation in Peru
original passport plus a copy
public deed of company incorporation
bank statements
copy of credit cards belonging to the applicant.
4. WORKERS
Students
•
•
•
•
registration at the educational institution
application form
etter from the foreign national allowing another person to represent
him or her before the Immigration Department, if applicable.
Investors
•
•
•
•
public deeds of incorporation of the company
application form
letter from the foreign national allowing another person to represent
5. WORK PERMITS
Note that any change to the immigration status of a foreign national can take
between 30 and 45 days to process, which means that it is possible for a
foreign national entering Peru for less than 30 days to find him or herself
unable to obtain the corresponding visa.
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5.1 General
A work permit is required for foreign nationals who enter the country to carry
out ‘labour activities’ pursuant to an agreement which has the prior approval
of the Labour Authority.
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Foreign employees may also enter Peru on a business or tourist visa granted by
the Peruvian consulate, if applicable.
5.1.1 Procedures
To obtain a work permit the applicant must have an employment agreement
with a Peruvian organisation, which is then approved by the Peruvian Labour
Authority, following which, the procedure to change the applicant’s
immigration status to a work permit will be initiated. Once a work permit and
a ‘foreigner card’ have been granted, the employee is permitted to perform his
or her services to the local organisation.
Peruvian law does not allow any foreign national with a business or tourist visa
to work before the labour agreement has been approved and the work permit
obtained.
5.1.2 Documents
•
•
•
•
•
employment agreement duly approved
immigration form
guarantee letter granted by the Peruvian employing organisation
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
The rules apply to the foreign national’s spouse, children and parents.
6.2 Procedures
Once the principal visa has been granted, the family must request a change of
immigration status, which is dependent on the principal visa. Please note that
this kind of visa may be granted for minor children (up to 18 years), children
with disabilities who are over 18 years and single daughters.
6.3 Documents
The following documents are required, as appropriate:
•
•
•
•
•
•
•
•
duly legalised marriage certificate
duly legalised birth certificate
documents proving disability
single status certificate
copy of the employment agreement of the principal visa-holder
application form
In Peru there are special rules for secondees, as below.
Please be informed that whether the visa is granted and what it stipulates will
depend on the purpose of the stay in Peru.
5.2.1 Procedures
The procedure involves the production of the documents listed below.
In the case of residence visas, all foreign nationals must also obtain a foreigner
card. To maintain the validity of this, i) in each year of residence the visa must
be renewed and ii) each year between January and March, the annual
immigration fee must be paid.
5.2.2 Documents
The following documents are required for employees of foreign organisations
seconded to work for a Peruvian Company:
•
•
•
•
•
service agreement between the foreign and the Peruvian organisation
secondment letter granted by the foreign organisation
application form
368
369
1. INTRODUCTION
373
2. SOURCES OF LAW
373
374
3.1 Visas
3.3 Procedures
3.4 Documents
374
374
375
375
375
4.1 General
4.2 Procedures
4.3 Documents
375
376
377
5. WORK PERMITS
377
5.1 General
5.1.1 Procedures
5.1.2 Documents
377
378
379
379
379
6.1 General
6.2 Procedures
6.3 Documents
379
380
381
Poland
Immigration - An International Handbook - POLAND
1. INTRODUCTION
Polish immigration law has been significantly influenced by the Polish
membership of the European Union and the rules of free movement of
persons and employees. As a consequence, foreign nationals from the
Member States of the EU, the European Economic Area and Switzerland are
released from the obligation to obtain a visa (or residence permit) and work
permit. In general, they have the right to stay in Poland for a period not
exceeding three months. At the end of three months, they should register their
stay on a special register of stay for EU and EEA citizens, which is maintained
by the regional governor (‘wojewoda’), and obtain a certificate of stay. The
application to the register of stay for EU and EEA citizens should be submitted
no later than one day after the lapse of the initial three-month stay.
Other foreign nationals are subject to certain restrictions. In general, to work
in Poland a foreign national requires both a visa and a work permit. It is not,
however, necessary for a foreign national to receive a residence permit to work
in Poland; it can be replaced by an appropriate visa.
Recently, the formalities concerning employment of a foreign national in
Poland have been simplified. The process is generally divided into two stages.
Firstly, the foreign national should be granted a work permit, following an
application submitted by his or her employer to the relevant public office.
Thereafter, the foreign national applies for the appropriate visa.
There are also a number of special exceptions to the work permit requirement
applicable to non-EU, non-EEA and non-Swiss nationals (please see section 4
below). Nevertheless, such foreign nationals still need to obtain the right to
enter and stay legally in Poland (e.g. the proper visa or residence permit).
2. SOURCES
OF LAW
The main sources of law governing immigration in Poland are as follows:
•
•
•
Act of 13 June 2003 on Foreigners (Journal of Laws of 2006, No 234, Item
1694, as amended)
Act of 14 July 2006 on Entry, Residence and Exit from the Republic of
Poland of Nationals of the European Union Member States and their Family
Members (Journal of Laws No 144, Item 1043, as amended)
Act of 20 April 2004 on Promotion of Employment and Labour Market
Institutions (Journal of Laws of 2008 No 69, Item 415, as amended)
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•
•
•
Regulation of the Minister of Labour and Social Policy of 29 January 2009
on Issuing Work Permits for Foreigners (Journal of Laws No 16, Item 84)
Regulation of the Minister of Labour and Social Policy of 30 August 2006
on foreign nationals working without the obligation to obtain a work
permit (Journal of Laws No 156, Item 1116, as amended)
Regulation of the Minister of Internal Affairs and Administration of 28 July
2010 on Visas for Foreign Nationals (Journal of Laws No 151, Item 1015).
3. VISITORS
3.3 Procedures
Visa applications should be submitted to Polish Consulates. In practice, the
granting of a visa takes about 7 days. Depending on the particular Polish
Consulate’s procedure, this may be shorter or longer and may even be longer
than a few weeks.
3.4 Documents
In general, when applying for a visa, the following documents should be
submitted:
3.1 Visas
Foreign nationals from outside the EU, the EEA and Switzerland need a visa to
enter and remain in Poland, if they are not exempt from the obligation to
obtain one by the international visa agreements concluded by Poland and their
respective countries.
•
•
•
•
A more precise list of countries whose citizens are not required to obtain a visa
is available on the website of the Ministry of Foreign Affairs at:
www.msz.gov.pl.
There are several types of visa in Poland. The correct visa for business
purposes is a visa for the purpose of conducting business activities, which
according to the Regulation on Visas for Foreign Nationals, has an official visa
number of ‘04’.
Business visitors are allowed to engage in almost all activities connected with
conducting business activities, e.g. hold positions on management boards
(boards of directors) for the first six months of their stay, attend meetings,
conferences or events connected with trade or industry and take part in fair
and congresses.
However, a business visa does not allow foreign nationals to work in Poland
on the basis of an employment agreement. For the purpose of employment,
the correct visa is a visa issued explicitly for the purpose of work (‘w celu
wykonywania pracy’), which according to the Regulation on Visas for Foreign
Nationals, has an official visa number of ‘07’.
374
•
the application form, completed in Polish, or in a foreign language
one passport sized photo
a valid travel document (e.g. a passport), the validity of which cannot
be less than three months from the date on which the foreign national is
obliged to leave Poland based on the visa that is granted; the document
must have been issued not more than 10 years ago
a health insurance certificate or an insurance company statement con
firming that it will cover the cost of medical treatment incurred in Poland
(which should be valid for the period of the intended stay)
documents confirming possession of sufficient financial means to stay in
Poland and return to the country of origin or confirmation of the
possibility of obtaining such financial means.
Depending on the particular Polish Consulate’s procedure, additional/other
documents may be required.
4. WORKERS
4.1 General
There are several categories of foreign nationals who do not need work
permits, including, in particular:
•
•
members of management boards (boards of directors), who do not need a
work permit for the first six months of their stay
foreign nationals from Poland’s neighbouring countries of Russia, Belarus
and Ukraine, as well as Georgia and Moldavia, are exempt from the
obligation to obtain work permits for the first six months of a consecutive
12-month period
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•
•
•
•
•
foreign nationals who have permanent residence abroad and are
seconded by a foreign employer for a period not exceeding three months
during a calendar year, for the purpose of:
- assembling, preserving or repairing machines, devices or other
equipment produced by a foreign employer
- receiving ordered machinery, devices, other equipment or parts
produced by a Polish undertaking
- training the staff of a Polish employer, which is to receive devices,
machines or other equipment within the scope of service and proper
use of the equipment
- installing, dismantling and maintaining trade stalls, if the foreign
employer is the exhibitor
students, holding a residence permit for a definite period of time
certain categories of foreign language teachers
certain categories of accredited foreign media correspondents
clergymen, members of religious orders and congregations, who are
recognised by relevant provisions of law, who perform work in accordance
with their function in a church or other religious entity.
4.2 Procedures
Exemption from the obligation to obtain a work permit does not constitute the
right to enter or to stay in Poland. Foreign nationals who may not need work
permits are allowed to enter, stay and work in Poland only after obtaining a
visa for the purpose of working here.
In order to obtain a work visa, a foreign national should first receive a written
declaration that the employer intends to employ him or her. Such a
declaration should be prepared by the employer and sent to the foreign
national abroad.
As regards foreign nationals from Russia, Belarus, Ukraine, Georgia and
Moldavia, before sending the declaration abroad, the employer must register
it with the relevant labour office. The original of the declaration, with the seal
of the labour office, should then be sent to the foreign national abroad.
The declarations should contain information related, in particular, as to the
intention of the employer to employ the foreign national and to the period of
time that he or she will work in Poland.
With only a valid work visa, a foreign national who does not need a work
permit may perform work without a residence permit.
376
However, a residence permit can replace a visa in documenting a foreign
national’s legal stay in Poland. A residence permit may also be granted after
obtaining a work permit or after an employer’s statement that it intends to
employ the foreign national (if the work permit is not required).
4.3 Documents
The declaration referred to above, together with the visa application, should
be submitted by the foreign national to the relevant Polish Consulate. If he or
she can stay legally in one of the Member States of the EU or the EEA or
Switzerland, he or she may apply for a work visa to the Polish Consulate
located in that country.
5. WORK PERMITS
5.1 General
There are five types of work permit in Poland:
Type A Work Permit
A type A work permit is for a foreign national who works in Poland on the
basis of an agreement with the entity or individual whose registered office,
place of residence, branch, plant or other form of business activity is located
in Poland.
Type B Work Permit
A type B work permit is for a foreign national who holds a position on the
management board (board of directors) of legal persons registered with the
register of entrepreneurs, or of a capital company in the process of formation
(in statu nascendi). A type B work permit applies to foreign nationals who will
be staying in Poland for a period exceeding six months within a consecutive
12-month period.
Type C Work Permit
A type C work permit is for a foreign national who works for a foreign
employer, when he or she is seconded to Poland for a period exceeding 30
days in one calendar year. He or she will be seconded to the branch or plant
of the foreign entity, its subsidiary or to a third party bound by a long-term
cooperation agreement with the foreign employer.
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Type D Work Permit
A type D work permit is for a foreign national who works for a foreign
employer that does not have a branch, plant or other organised form of
business activity in Poland. A type D work permit applies when the foreign
nationaI is seconded to Poland in order to perform a temporary and
occasional service (e.g. an export service).
5.1.2 Documents
In general, the following documents should be provided when applying for a
work permit:
Type E Work Permit
A type E work permit is for a foreign national who works for a foreign
employer and is seconded to Poland, for a period exceeding three months
within a six-month period, for purposes other than those connected with type
B-D work permits.
•
Type A work permits are granted, in general, only if there is no unemployed
Polish national or EU citizen who meets the required qualifications and who is
willing to occupy the position which the foreign national would fill. Namely,
such work permits may be granted, if the employer has no alternative but to
employ a non-EU, non-EEA or non-Swiss national.
In general, a work permit is issued for a particular foreign national for a
definite period of time not exceeding three years (the foreign national can
apply for an extension).
•
•
•
the application form, completed in Polish
confirmation of payment of the special administration fee (up to
approximately EUR 50)
an excerpt from the commercial register of the Polish employer, if
applicable
a copy of the foreign national’s passport (i.e. a copy of every page
containing any data, annotations or visa stamps etc.).
Additional documents that might be required to be delivered together with the
work permit application form, depend on the type of the work permit to be
granted.
See section 4.1 above.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
A type B work permit may be granted for a period of up to five years, if the
legal entity registered with the register of entrepreneurs employs more than 25
employees on the date of submitting the work permit application to the
relevant office.
Dependants of non-EU, non-EEA and non-Swiss foreign nationals
Under Polish law, the following persons (who are not citizens of the EU, the
EEA or Switzerland) are considered to be a dependant of a non-EU, non-EEA
and non-Swiss foreign national:
Type D work permits are granted for the period of the secondment.
5.1.1 Procedures
The application for a work permit should be filed with the relevant regional
governor office by the employer who is willing to employ the foreign
national. The work permit should be issued within one month (in especially
complicated cases, within two months).
Before applying for a type A work permit, the employer is obliged to obtain
information issued by the local governor (‘starosta’) confirming that the
vacancy cannot be filled by someone from the local workforce.
378
•
•
•
•
a person related to him or her by marriage, as recognised by Polish law
his or her minor child (including an adopted child) with a person
related to him or her by marriage, as recognised by Polish law
his or her minor child, including an adopted child, who is dependent on
the foreign national and the foreign national has custody
a minor child of a person related to him or her by marriage, including an
adopted child who is dependent on the person related to the foreign
national by marriage where this person has custody.
Dependants of EU, EEA and Swiss foreign nationals
The following persons (who are or are not citizens of the EU, the EEA or
Switzerland) are considered to be dependants of a foreign national from the
EU, the EEA and Switzerland:
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•
•
•
the spouse of the EU, EEA or Swiss foreign national
a child of the EU, EEA or Swiss foreign national or of his or her spouse,
who is up to 21 years of age or who is dependent on an EU, EEA or
Swiss foreign national or on his or her spouse
a parent of an EU, EEA or Swiss foreign national or of his or her spouse
who is dependent on the EU, EEA or Swiss foreign national or on his
or her spouse.
6.2 Procedures
Dependants of non-EU, non-EEA and non-Swiss foreign nationals
In general, dependants need valid travel documents and a proper visa to enter
Poland. The procedure for a dependant to obtain a visa does not differ from
standard procedure.
Dependants may also apply for a residence permit, if the principal foreign
national being a member of his or her family, stays in Poland on the basis of,
inter alia:
•
•
•
•
a settlement permit
a residence permit for a long-term EC resident
refugee status
a residence permit for a specified period of time, issued for a period
exceeding one year, when he or she has stayed in Poland on the basis of
residence permits for more than two years in total.
In general, the application for granting a residence permit for a specified
period of time should be submitted to the regional governor office that is
responsible for the place of the dependant’s intended residence. If a
dependant legally stays in Poland, a residence permit application should be
submitted at least 45 days before the expiry date of the period of stay on the
basis of a current visa or a period covered by a previous residence permit (if
applicable).
The decision concerning the grant or refusal of a residence permit for a
specified period of time should be issued within one month, and in
particularly complicated cases, no later than two months from the date of
initiating the application.
Dependants of EU, EEA and Swiss foreign nationals
In general, dependants of EU, EEA and Swiss foreign nationals, who are not
citizens of the EU, the EEA or Switzerland, may enter Poland on the basis of
380
valid travel documents and a proper visa that was issued for the purpose of
joining and staying with the EU, EEA or Swiss foreign national in Poland. The
grant of such a visa may be refused in certain circumstances, e.g. if the
dependant’s stay in Poland could be considered to pose a threat to national
defence, internal security, protection of safety or public order, and public
health.
After a stay of three months, the dependant must apply for a residence card
for a member of the family of an EU citizen. The application should be
submitted personally by the dependant (unless the application is made by a
minor) with the regional governor office that is responsible for the dependant’s
place of residence in Poland. The card should be issued within six months.
6.3 Documents
Visas
Please see section 3.3. above, which applies also to a dependant.
Residence permits
In general, when applying for a residence permit the following documents are
needed:
•
•
•
•
•
•
•
•
four application forms for a residence permit for a specified period,
completed in accordance with the instructions
four current passport sized photos
a valid travel document (three photocopies and the original available
for viewing)
the certificate of temporary registered residence
legal title to the premises in which the foreign national will reside
confirmation of a stable and regular source of income
confirmation of health insurance
the consent of the dependant’s guardian (if the application is submitted on
behalf of a minor).
Additional/other documents may be required to be delivered together with the
residence permit application form, but this will depend on the circumstances
of the particular case.
The application should be submitted by the foreign national, whose
dependant is to be granted the residence permit.
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Residence card for dependants of EU, EEA and Swiss foreign nationals
The residence card application form should be submitted together with
documents or written statements confirming the conditions and terms of stay
in Poland (e.g. stating that the dependant’s spouse works in Poland) and five
current passport sized photos. A valid travel document is required for viewing.
382
1. INTRODUCTION
387
2. SOURCES OF LAW
387
387
3.1 Visas
3.3 Procedures
3.4 Documents
387
388
388
388
390
4.1 General
4.2 Procedures
4.3 Documents
390
390
390
5. WORK PERMITS
390
5.1 General
5.1.1 Procedures
5.1.2 Documents
390
391
391
5.2.1 Procedures
5.2.2 Documents
391
391
391
392
6.1 General
6.2 Procedures
6.3 Documents
392
393
393
Portugal
Immigration - An International Handbook - PORTUGAL
1. INTRODUCTION
Law no 223/2007 and Decree no 84/2007 provide the legal framework that is
applicable to the hiring of those foreign nationals not from EU or EEA Member
States.
The data provided by the Statistics Department of the Foreign Services
Department (‘SEF’ – Serviço de Estrangeiros e Fronteiras) suggests that there
has been a growth in the population of foreign nationals in Portugal. In fact,
records demonstrate that in the year 2000, the number of foreign nationals in
Portugal reached 20,587. In 2009 this figure doubled, reaching 454,191.
In addition, successive amendments to immigration legislation and procedures,
notably those concerning extraordinary legislative measures in relation to
illegal immigrants, have had an effect on the issue of new residence permits.
Hence, the number of resident foreign nationals has grown substantially,
compared with the late ’80s or ’90s.
Regarding the geographical distribution of foreign nationals, the data shows
that they are mainly concentrated on the west and south coast of Portugal, as
well as in Lisbon, Faro and Setúbal. Foreign nationals working or residing in
these areas comprise 70% of the overall number of foreign nationals living in
Portugal.
Foreign nationals from Brazil, Ukraine, Cape-Verde, Romania, Angola, GuineaBissau and Moldavia represent almost 72% of the overall number of foreign
nationals regularly residing in Portugal.
2. SOURCES
OF LAW
The main sources of law are Law no 223/2007 and Decree no 84/2007.
3. VISITORS
3.1 Visas
All foreign nationals (other than those from EU or EEA Member States) who
wish to work in Portugal need permission to enter.
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For work or business purposes, there are two types of visa:
Temporary Stay Visa
A temporary stay visa allows entry for a foreign national whose intention is to
carry out a dependent or independent temporary professional activity for not
more than six months. This type of visa is suitable for visitors for business
purposes (please see section 3 below for the sub-types of temporary stay
visas).
•
•
•
documentary proof of valid travel insurance
evidence of sufficient financial means
a copy of a return travel ticket (except for residence visas that are issued
for specific purposes, such as family reunification, university teaching or for
highly skilled employees)
The specific documents required for the individual visa types referred to above,
are as follows:
Residence Visa
A residence visa allows a foreign national to enter in order to obtain a
residence permit in conjunction with the performance of a professional activity.
Short stay visa
Portuguese law does not distinguish the kind of activities that a business
visitor is entitled to perform. Therefore, a business visitor is entitled to perform
any activity in Portugal.
Temporary Stay Visa
•
•
•
3.3 Procedures
The foreign national should submit the relevant application to the Portuguese
Consulate in the foreign national’s country of residence. In certain exceptional
cases, the application can be filed domestically at the SEF in Portugal, upon
presentation of the required documents.
For a short stay visa, the application process should take eight days, once all
the documents have been presented at the Consulate. For a temporary stay
visa, it should take 30 days, once all the documents have been presented. For
a residence visa, the process should take 60 days, once all documents have
been presented. However, in practice these applications may take longer.
•
•
•
•
•
the visa application forms
two recent passport-type photos
a passport or other valid travel document
a criminal background check certificate, issued by the competent
authority in the foreign national’s country of origin (only for temporary or
residence visas)
a request for a Portuguese criminal background check by the SEF (only for
emporary stay or residence visas)
388
an employment agreement or offer of employment for a temporary
professional activity
if special qualifications are required, a statement issued by the
competent authority declaring that the foreign national is qualified for
the job for which he or she is applying a statement issued by the ‘IEFP’
(Instituto do Emprego e de FormaçãoProfissional, the Employment and
Professional Vocational Training Institute) confirming that the
employment agreement or offer of employment falls within the limited
number of positions or professions that are available to foreign
nationals (the national authorities determine the percentage of foreign
nationals that can be hired nationwide).
Residence Visa (for the performance of employment)
•
3.4 Documents
Generally, the following documents are required when submitting an
application:
Proof of the purpose and the terms and conditions of the stay.
•
•
an employment contract, promissory employment contract or offer
letter
a statement issued by the IEFP providing evidence of the vacancy for the
position to be filled and proving that no local or national employee who
should have priority, is available to fill the vacancy
proof that the foreign national is qualified for the position.
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4. WORKERS
4.1 General
This section is not applicable to Portugal, since, as a general rule, foreign
nationals must hold a valid visa to enter Portugal. The visa must be adequate
for the purpose of their visit. The visa is granted on the terms of the
Portuguese Immigration Act, or by the competent authorities of the States that
are Parties to the Schengen Implementing Convention.
Portuguese immigration law sets out special types of visa that may be issued,
depending on the purpose of the visit:
•
•
•
temporary stay visa within the scope of an employee transfer
temporary stay visa for the purpose of providing dependent professional
services of a temporary nature
temporary stay visa for research or for a highly qualified foreign national
who is undertaking an assignment.
4.2 Procedures
See section 3 above.
4.3 Documents
5. WORK PERMITS
5.1 General
Foreign nationals (other than those from EU or EEA MemberStates) require a
temporary residence permit, if they wish to stay in Portugal for a maximum of
one year. This permit is renewable for consecutive periods of two years and
there is no limit to the number of times it can be renewed.
EU and EEA nationals intending to stay in Portugal for more than 90 days must
obtain a residence certificate. To obtain such a certificate, a foreign national
must present his or her identity card or a valid passport, as well as fill in the
proper form and state the reason for the application.
period of time. Although referred to as a ‘permanent residence permit’, the
validity of this permit does not extend beyond five years. Therefore, a
permanent residence permit must be renewed every five years.
5.1.1 Procedures
5.1.2 Documents
5.2.1 Procedures
The granting of temporary stay visas to citizens who are nationals of States
which are party to the World Trade Organisation, and who are transferred
within the context of rendering services or undertaking vocational training in
Portugal, is dependent upon the following conditions:
•
•
The transfer must be between branches of the same company, or of the
same company group, and the branch located in Portuguese
territory must provide services that are equivalent to those provided by
the branch where the foreign employee comes from
The transfer only covers partners or dependent workers that have been, for
a minimum period of one year, in a branch located in another State which
is a party to the WTO, and who are included in one of the following
categories:
- those who retain decision-making powers, work as high level
employees and act as managers of an establishment or department,
following general guidance from the administration board;
- those that hold specific technical knowledge of vital importance to
the activity, research equipment or techniques, or management of
the same;
- those who must receive vocational training in an establishment
located within national territory.
5.2.2 Documents
See section 3 above. In addition, foreign nationals should provide
evidence of compliance with the conditions set out in section 5.2.1.
Foreign nationals, other than those from EU and EEA Member States, require
a permanent residence permit if they wish to stay in Portugal for an unlimited
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6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
When a foreign national’s application for a family reunion with members of his
or her family (who live outside Portugal) is granted, a residency visa is
automatically issued in the name of the respective family member(s) in
accordance with the terms of immigration law. This allows the family
member(s) to enter into Portugal.
A foreign national with a valid residence permit has the right to reunite with
his or her family when they live outside Portugal. This applies to family
members who lived with him or her in another country, or who are dependant
on him or her, or who live in the same household. This is the case regardless
of the family ties that have been created before or after the resident foreign
national entered into Portugal.
6.2 Procedures
In order to benefit from the right to a family reunion, a foreign national must
have secured:
•
•
An application for a family reunion with family members who live abroad
should be presented by the foreign national who is entitled to such a right.
6.3 Documents
Any application for a family reunion must include the following documents:
•
•
The right to a family reunion is equally recognised for those relatives who have
already legally entered into Portugal and who depend on or live in the same
household as the holder of a valid residence permit.
lodging for himself or herself
sufficient means of subsistence.
•
documentary evidence that proves the existence of the relevant family ties
or of the de facto union
documentary evidence that proves a foreign national’s compliance with all
the conditions needing to be met in order to secure the right to benefit
from a family reunion
notarised copies of the relevant family members’ travel documents.
For the purposes of the preceding paragraphs, the following individuals are
considered as members of a foreign national’s family:
•
•
•
•
•
•
his or her spouse
any minorsor disabled children under the guardianship of a couple (i.e. the
foreign national and his or her spouse) or of a foreign national or of his or
her spouse
any minors who were adopted by an unmarried foreign national, a married
foreign national, or the spouse of a foreign national, following a decision
taken by the relevant authority in the foreign national’s country of origin.
The legal framework in his or her country of origin must incorporate the
same rights and duties of natural affiliationand the decision must be
recognised by Portugal
any children who are over 18 and who are to studying in a Portuguese
teaching institution. A couple (i.e. a foreign national or his or her spouse)
must be the guardian of the children
the parents of a foreign national or of his or her spouse, provided that they
depend on either of them
any minorbrother(s) or sister(s),provided that they are under the tutelage of
a resident foreign national, in accordance with the decision made by the
relevant authority in the brother or sister’s country of origin and provided
that the decision is recognised by Portugal.
392
393
1. INTRODUCTION
397
2. SOURCES OF LAW
397
398
3.1 Visas
3.3 Procedures
3.4 Documents
398
398
398
399
399
4.1 General
4.2 Procedures
4.3 Documents
399
400
400
5. WORK PERMITS
400
5.1 General
5.1.1 Procedures
5.1.2 Documents
400
401
402
5.2.1 Procedures
5.2.2 Documents
403
403
404
404
6.1 General
6.2 Procedures
6.3 Documents
404
404
404
Russia
Immigration - An International Handbook - RUSSIA
1. INTRODUCTION
While establishing equal rights for Russian and foreign employees, Russian
legislation stipulates certain restrictions concerning the work of foreign
nationals in Russia. The immigration procedures in Russia are quite complex
and consist of various stages.
The general rule is that a foreign national must obtain a personal work permit
for conducting any work activity in Russia (with some exemptions for some categories of employees or nationals of countries having relevant international
agreements with Russia).
Additionally, employers are required to obtain permission to engage and use
foreign nationals (except for foreign nationals coming from visa exempt
countries).
Immigration procedures include not only obtaining the necessary documents
to permit a foreign national to enter and work in Russia, but also notifying the
Russian authorities when a foreign national is hired and notifying them of his
or her arrival or departure (the latter if the employer is acting as a host party).
2. SOURCES
OF LAW
The employment of foreign nationals is generally regulated by Russian labour
legislation, including:
•
•
•
•
•
•
•
the Labour Code of Russia
the Federal Law of the Russian Federation ‘On the legal status of foreign
citizens in the Russian Federation’ of 25 July 2002
the Federal Law of the Russian Federation ‘On the migration record of
foreign citizens and stateless persons in the Russian Federation’ of 18 July
2006
the Federal Law ‘On the exit from and entry into the Russian Federation’
of 15 August 1996
certain Presidential decrees
Government regulations on issues related to the employment of foreign
nationals
Regulations of the Ministry of Labour, the Foreign Ministry, the Ministry of
Internal Affairs and other authorities.
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3. VISITORS
3.1 Visas
Russian legislation provides that every foreign national must have a visa to
enter Russia, except for foreign nationals from certain countries (mostly CIS
countries that formerly belonged to the USSR), who can enter Russia without
a visa (in such cases, stay is permitted for 90 days, unless otherwise provided
by federal legislation).
Under Russian legislation, the purpose of stay declared when applying for a
visa and the actual purpose of the stay should correspond.
A business visa is issued to the following foreign nationals:
•
•
those who come to Russia to visitcommercial organisationsand to
participate in significant negotiations (e.g. councils, consultations,
conferences, symposiums and congresses) in relation to trade-economy
issues. A business visa is also issued to foreign nationals who wish to
further their professional education in scientific organisations, Russian
joint ventures and the representative offices of foreign commercial,
financial, banking and other organisations accredited by the respective
ministries and departments of Russia
those who visit commercial organisations to resolve particular commercial
issues (e.g. to handle commercial negotiations and execute or extend
terms of agreements); participate in auctions, exhibitions and other
commercial events; and perform other activities as defined by law.
If a foreign national stays in Russia under a business visa, but actually works
there, he or she will be in breach of the declared purpose of entry into Russia,
as this is not in compliance with the activity performed during the stay
(residence) in Russia, and may be subject to administrative liability either in
respect of violation of admission regulations or the residence regime in Russia.
3.3 Procedures
A business visa is issued by the respective Russian Consulate outside Russia,
based on invitations from Russian host(s).
The validity period of a single or double entry business visa is three months.
Multiple entry business visas can be for a term of up to 12 months.
However, a foreign national is allowed to stay in Russia under a multiple entry
visa for no more than 90 days in any 180-day period. Once a business visa
expires, a foreign national must leave Russia. However, note that Russia has
398
concluded treaties with a number of countries under which business visas can
be issued for a period of up to five years.
3.4 Documents
Foreign nationals applying for any type of visa should provide:
•
•
•
•
•
a valid passport (the term of validity should be not less than six months
from the date of visa expiry and one and a half years from the visa
commencement date - in the case of an application for a student or work
visa)
a completed visa questionnaire, along with a photo
a medical insurance certificate that is valid for Russia
a certificate confirming that the foreign national does not have HIV (only
in cases where the term of the visa is for more than three months). This
provision does not extend to staff of diplomatic representations and
consular offices of foreign governments or the staff of inter-governmental
organisations and their families.
an invitation letter registered with the Russian authorities (required for
private visas, business visas and work visas).
4. WORKERS
4.1 General
A foreign national does not need a work permit if he or she:
•
•
•
•
•
•
•
permanently resides in Russia
is a participant in the State Programme for rendering assistance to the
voluntary movement to Russia of ‘compatriots residing abroad’ and their
families
is an employee of a diplomatic mission, Consulate or international
organisation or a private domestic worker for those persons
works for a foreign legal entity (producer or supplier), performing
installation, servicing and post-guarantee repairs of technical equipment
supplied to Russia
is a journalist accredited in Russia
is studying in Russia in an educational establishment for his or her
professional education and is carrying out work (rendering services) during
his or her holidays
is studying in Russia in an educational establishment for his or her
professional education and also works during spare time as an auxiliary
educational worker in the educational establishment where he or she is
studying
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(• is invited to Russia as a lecturer to give lessons in an educational
establishment, with the exception of a foreign national arriving in Russia to
perform an educational activity in an establishment for professional
religious education
• is an employee of an accredited representative office of a foreign legal
entity registered in Russia, as long as this is within the number agreed by
the authorised authority at the time of accreditation.
For circumstances other than those mentioned above, the Russian
Government adopts an annual employment quota limiting the number of foreign nationals who can come to Russia to work.
4.2 Procedures
No specific procedures are set, but a foreign national permanently residing in
Russia must obtain the applicable permit (see section 5 below).
4.3 Documents
No specific documents are required.
5. WORK PERMITS
5.1 General
A work permit is issued for the term of 1) temporary residence, and 2) the
employment contract or civil law contract (but for not more than one year,
except for highly qualified specialists, for which see below).
The period that a foreign national may work in Russia is limited by the
duration of his or her work permit. If a foreign national continues working
after the work permit has expired, both the organisation he or she works for
and the foreign national himself will be subject to administrative fines (which
are quite considerable for the organisation).
A work permit is issued for the performance of work in only one region. If a
foreign national intends to work in various regions of Russia, he or she must
obtain a work permit in each region. The organisation must also obtain
permission to engage a foreign workforce in each such region.
Employers can employ foreign nationals without permission to engage and use
a foreign workforce if:
(1) the foreign nationals came to Russia under a regime in which there was no
requirement to obtain a visa
(2) the foreign nationals are highly qualified specialists (see below).
Unless otherwise stipulated by international treaties in which Russia
participates, as of 1 January 2013, foreign nationals who came to Russia under
regime which did not require them to obtain visas, will be subject to being
photographed and to obligatory state fingerprint registration in the manner
established by the authorised migration authority.
5.1.1 Procedures
In order to obtain a work permit, the following steps should be completed by
an organisation that intends to employ a foreign national:
(a) Quota reservation
Organisations wishing to use the services of foreign nationals in Russia must
reserve a quota in the year preceding their prospective employment (before 1
May of the preceding year). A quota reservation requires the organisation to
fill in a special form indicating how many foreign nationals it may employ in
the next year, their professions, job titles, countries of origin and certain other
information.
Some jobs are given a quota exemption. In principle, each year the Ministry of
Health and Social Development announces a list of professions, specialties and
positions of foreign nationals, i.e qualified specialists employed in certain
professions or specialties to which no quota applies. The list varies from year
to year and in some years it might not be enacted at all.
(b) Decision from the State Employment Centre
The organisation must obtain a decision from the State Employment Centre
confirming the reasonableness of engaging a foreign national.
(c) Obtaining permission
The organisation must obtain permission to engage a foreign national, as
issued by the Federal Migration Service.
(d) Work Permit
The organisation must obtain a work permit for a foreign national (filed with
the Federal Migration Service).
If a foreign national comes from a visa-exempt country, then stages b) and c)
above will not be applicable.
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As regards the timeframes, completion of stages b) to d) above takes not less
than three months as of the date of submission of the documents to the
respective Russian state authorities.
Foreign nationals intending to stay in Russia for up to three years may (but are
not obliged to) apply for a permit for temporary residence. Temporary
residence permits are issued subject to an annual quota established by the
Russian Government. Some categories of foreign nationals, most notably
those married to Russian nationals, are exempt from this quota.
Temporary residents cannot change the place of their residence and work
outside of the region of Russia for which the temporary residence permit is
granted. Temporary residence permits are valid for up to three years. The same
procedures for work permit applications applies to temporary residence permit
applications.
A temporary resident can apply for a permanent residence permit, provided he
or she has resided in Russia for at least one year, on the basis of a temporary
residence permit. Permanent residents are allowed to travel in and out of
Russia without any restrictions, as no visa is required for them. No work
permits are needed for permanent residents, and they may therefore be
employed by any employer within the relevant region without any restriction.
Permanent residence permits are issued for five years and may be re-issued for
a similar period an unlimited number of times.
5.1.2 Documents
An application for a work permit requires submission of the following
documents:
•
•
•
•
a set of documents relating to the organisation concerned:
- its Articles of association
- its certificate(s) of registration
- its licence (if any)
- a document certifying the authority of the CEO
- certain additional documents.
a draft employment agreement with the prospective foreign national
a medical certificate for the foreign national, confirming the absence of
such diseases as HIV, syphilis, leprosy, tuberculosis, chlamydial
lymphogranuloma, chancroid and drug addiction
a certificate of higher education, apostilled in the home country and
submitted with a notarised Russian translation.
402
According to recent changes in the law, as of 1 July 2010, it is possible to
engage and use the services of highly qualified specialists and obtain work
permits for them in accordance with a simplified procedure. For these purposes,
highly qualified specialists are, pursuant to the amendments to the Federal
Law “On legal status of foreign citizens in the Russian Federation”, those
foreign nationals who have experience and skills in a certain field, provided
that the annual salary paid to them by the Russian employer will be not less
than two million rubles (approximately EUR 47,000).
A work permit for highly qualified specialists can be issued for the term of their
employment contracts, but for not more than three years. The term of the
work permit can be extended an unlimited number of times (each time for a
period of not more than three years).
5.2.1 Procedures
As of 1 July 2010, those organisations who would like to hire highly qualified
specialists have been able to do so without reserving a quota in the year
preceding the prospective employment and without the need to obtain a
decision of the State Employment Centre giving permission to engage and use
a foreign workforce.
Pursuant to changes in the law, since 1 July 2010, the Russian state
authorities consider applications to engage highly qualified specialists within
14 business days of submission.
Highly qualified specialists are able to obtain one work permit that is valid in
several regions of Russia, if the employment agreement stipulates work in
those regions.
As of 1 July 2010, highly qualified specialists have been able to obtain a work
visa for the term of their employment contracts, but for not more than three
years, with the possibility of extending it (each time for a period of not more
than three years).
The new procedure for engaging highly qualified specialists applies to foreign
nationals entering Russia for the purpose of working in Russian commercial
organisations, accredited branches of foreign organisations, Russian scientific
organisations, educational institutions, health care facilities, and in other
organisations that perform scientific, technological and innovative activities
and experimental developments.
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Note that the representative offices of foreign legal entities are not able to hire
foreign nationals as highly qualified specialists, as they are not included in the
list of organisations which may hire highly qualified specialists.
5.2.2 Documents
Fewer documents are required for highly qualified specialists than for those
applying for a work permit under the standard procedure for hiring foreign
nationals. In general, the procedure is simpler for highly qualified specialists
under Russian law.
However, additional obligations are imposed on employers. For example,
organisations are obliged to inform the respective Russian state authorities
quarterly on the fulfilment of their obligations in respect of the payment of
salary to the highly qualified specialist in the required amount. The organisation
must also inform the state authorities if it terminates an employment
agreement with a highly qualified specialist or provides him or her with
holiday without paying the salary for a period of more than one calendar
month in a year. In addition, a highly qualified specialist and his or her family
must be insured under a voluntary health insurance agreement from the day
they enter Russia.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Foreign nationals accompanying a foreign national (who has a single or
multiple entry visa) as his or her family members can enter Russia under the
same type of visa. The visa for accompanying family members is issued for the
same term as the principal visa holder.
6.2 Procedures
The procedures for obtaining a visa and a temporary or permanent residence
permit for an accompanying foreign national are the same as for the principal
foreign national.
6.3 Documents
An accompanying foreign national must present the same set of documents as
the principal foreign national.
404
1. INTRODUCTION
409
2. SOURCES OF LAW
409
410
3.1 Visas
3.3 Procedures
3.4 Documents
410
410
411
411
412
4.1 General
4.2 Procedures
4.3 Documents
412
414
415
5. WORK PERMITS
419
5.1 General
5.1.1 Procedures
5.1.2 Documents
419
421
424
5.2.1 Procedures
5.2.2 Documents
427
428
428
428
6.1 General
6.2 Procedures
6.3 Documents
428
429
430
Spain
Immigration - An International Handbook - SPAIN
1. INTRODUCTION
The Spanish immigration rules make reference to two major groups of foreign
nationals:
EU citizens and their dependants, whose status is regulated by Royal
Decree 240/2007
Of these, there are two groups:
•
•
EU nationals
the dependants of EU nationals, that is:
- a spouse, or partner in some specific cases
- children, including those of a spouse or partner, provided they are
minors of 21 years of age or older and they depend financially on the
principal EU national
- the parents of the principal EU national and the parents of his or her
dependant(s), provided they depend financially on him or her.
Swiss nationals and their family dependants have the same rights as EU and
EEA nationals.
The foreign nationals mentioned above, except for the parentsof EU citizens,
do not need a work permit to work in Spain.
Non-EU nationals, whose status is regulated by the Organic Law
2/2009 and Royal Decree 2393/2004 of 30 December 2004
Prior to commencing work in Spain, these non-EU nationals need to obtain a
work authorisation, a work permit exemption, a ‘Van Der Elst’ notification and
a corresponding visa, as appropriate, however long or short the expected
duration of the work.
2. SOURCES
OF LAW
The main sources of law are:
•
•
•
Organic Law 2/2009 modifying Organic Law 04/2000. The Royal Decree
developing this Law is expected to come into effect by the end of 2010
Royal Decree 2393/2004, developing Organic Law4/2000
Resolution of February 2007, according to which the Cabinet agreed on
the establishment of instructions governing the process of authorising the
entry, residence and work in Spain of certain foreign nationals; in
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•
particular, those whose professional activities imply social, employment
and economic interests or whose activities relate to the realisation of
research and development work, teaching that requires highly qualified
personnel, or artistic activities of special cultural interest
Royal Decree 240/2007 of 16 February 2007, relating to the entry, free
circulation and residence in Spain of EU nationals coming from EU Member
States and the EEA.
3. VISITORS
3.1 Visas
Foreign nationals who intend to enter Spain must have a relevant transit or
visitor’s visa, if the nature of their nationality means they are required to do so.
The visa is valid for a maximum duration of 90 days within a given 180-day
period.
Foreign nationals who are in possession of a travel document issued by one of
the following countries can travel to Spain under visitor, business or tourist
status without applying for such a visa:
Andorra, Argentina, Australia, the Bahamas, Antigua & Barbuda, Barbados,
Brazil, Brunei, Canada, Chile, Costa Rica, Croatia, El Salvador, Guatemala,
Honduras, Hong-Kong (only passports issued by the Hong Kong Special
Administrative Region), Israel, Japan, Macao (only passports issued by the
Macao Special Administrative Region), Macedonia, Malaysia, Mexico, Monaco,
Montenegro, New Zealand, Nicaragua, Panama, Paraguay, Romania, Saint
Kitts and Nevis, San Marino, Singapore, Serbia, the Seychelles, South Korea,
Uruguay, the USA, the Vatican, Venezuela, and British (overseas) nationals who
do not have the status of UK and Northern Ireland nationals in relation to
Spanish immigration.
3.3 Procedures
The foreign nationals listed above, who are exempted from the need to obtain
a visa, can enter Spain with a passport and documentation proving the
purpose of their trip.
If a foreign national is not exempted from the need to obtain a visa, he or she
must apply for a business visa at the Spanish Consulate with jurisdiction over
his or her place of residence.
3.4 Documents
A foreign national needs to apply for a business visa at the Consulate and
provide the following documentation:
•
•
•
•
•
•
•
the visa application form
his or her passport or official travel document, valid for a minimum of three
months, counting from the expected date of return to the country of
origin
a round trip airline ticket
proof of travel, accident and health insurance, including a letter from the
insurance company stating that they will cover 100% (no deductibles) of
medical expenses, plus emergency and repatriation services and a
minimum coverage of EUR 30,000
a letter from his or her employer indicating the type of job he or she is
being offered, the duration of the employment and the annual salary. The
letter should also indicate the purpose of the trip and who will cover the
expenses
his or her latest three bank statements
a letter of invitation from an organisation or authority in Spain, inviting him
or her to participate in commercial or industrial meetings and conventions
etc. This should include: identification cards for fairs, congresses,
conferences and conventions, invitations, tickets, reservations, or
programmes with the name of the host organisation, together with dates
and a complete address
foreign nationals who are under 18 years of age must submit a notarised
authorisation letter from their parents or legal guardians.
The foreign nationals mentioned above are exempted from the need to obtain
a visa, if they are travelling to Spain for tourism or business.
•
A foreign national can engage in business activities, provided he or she
participates only in meetings, conferences or other similar activities.
The consular administration has full authority to evaluate the documentation
submitted and request further documents where necessary.
Any activity that implies the participation of a foreign national in the daily work
activity of an organisation, requires him or her to obtain a corresponding work
permit and visa is permitted.
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A foreign national for whom a visitor visa is not required, needs to prove at the
Spanish border control the purpose of his or her trip. He or she can prove this
with the same type of documentation as requested by the Consulate in order
to apply for a visitor visa.
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4. WORKERS
4.1 General
There is a distinction between the following groups of foreign nationals, who
do not need a work permit to work in Spain:
EU, EEA and Swissnationals
EU, EEA and Swiss nationals are free to reside and work in Spain under the
same conditions as any Spanish citizen.
Foreign national family members of EU, EEA and Swiss nationals (including
only a spouse or partner and children under 21 years of age) have the right to
work under the same conditions as any Spanish citizen prior to applying for a
corresponding permit as family dependants.
Long duration residence permit holders
Under the new Organic Law 2/2009, Spain has introduced a new ‘long
duration residence permit’ to replace the country’s permanent residence
permit. Participants in the long duration residence programme are authorised
to remain in Spain indefinitely and work under the same conditions as Spanish
citizens.
an EEA country and who are temporarily sent to Spain in order to render
trans-national services, provided they hold a valid work and residence permit
in the EU Member State or the EEA country.
Such a foreign national needs to be transferred temporarily to a Spanish
organisation belonging to the same group, or to an organisation having a
signed services agreement with the sending organisation. The foreign national
must maintain his or her employment contract, social security system and pay
slips in the sending country. The transfer needs to comply with the conditions
established in Law 45/99. Such foreign nationals do not need a work permit in
order to work in Spain, but they do need to fulfil the residence and visa
requirements.
Work permit exemptions
It is possible for the foreign nationals listed below to apply for a work permit
exemption, if the conditions relating to their job activities are met:
•
•
•
To qualify, a foreign national must have maintained continuous legal residence
in Spain for five years. A foreign national will lose his or her eligibility under
the new programme, if he or she remains outside of Spain for more than six
continuous months or for a cumulative period of one year within a five-year
period.
•
Foreign nationals who hold long-term status in another EU Member State will
have to renounce that status from the other EU member State before they can
obtain the Spanish long duration residence status.
An EU Blue Card holder can also qualify for the long duration residence
programme in Spain, if he or she resides within the EU for five years and
remains in Spain for two years prior to applying for it. A foreign national will
lose his or her eligibility under the new programme, if he or she remains outside of Spain for more than 12 continuous months or for a cumulative period
of 18 months within a five-year period.
•
•
•
•
•
Van der Elst Visas
This visa relates to foreign nationals who are employed on a regular and
habitual basis by an organisation that is established in an EU Member State or
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foreign technicians and scientists, whose objective is to promote and
develop research. They need to be invited or hired by Spain, or one of the
autonomous regions, local entities or organisations
foreign teachers invited or hired by a Spanish university
foreign executive personnel, teachers of cultural institutions and teachers
of other Member States, provided they limit their activity to the
performance of the particular programmes. The institutions can be either
private or public, and must be of a recognised prestige, and officially
recognised by Spain. They need to be promoting cultural programmes in
Spain
civil or military clerks of foreign public administrations who come to Spain
to carry out their activities within a programme of cooperation with the
Spanish public administration
media correspondents
members of international scientific missions who need to carry out work
and research in Spain, duly authorised by Spain
artists who come to Spain to undertake specific tasks, which do not form
one continuous activity
churchmen, churchwomen or representatives of the different churches and
religions, duly inscribed in the register of religious entities, provided they
limit their activities strictly to religious functions
foreign nationals who are part of organisations of representation,
government and administration of the internationally recognised unions,
provided they limit their activities to trade union functions
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•
minor foreign nationals of employment age who are under the guardianship
of a corresponding public bodyfor the protection of minors, who are
designated to perform activities that the entity
‘Van der Elst’ Visa
The process of applying for a ‘Van der Elst’ visa consists of four steps:
•
4.2 Procedures
EU and EEA citizens
•
EU citizens:
Aside from foreign nationals whose jobs do not require a permit, any EU
nationals who wish to stay in Spain for more than 90 days must apply in
person for their registration as EU citizens at the relevant police station.
At the time of applying for their registration, the authorities will process a
certificate that includes the identification number of the foreign national (the
‘NIE’). This certificate has been established to replace the former residence
card. However, the certificate is not a valid means of identification for an EU
national, unless he or she can provide his or her passport or identification
along with it.
EU dependants:
It is mandatory for dependants of EU nationals to apply in person for a
residence card at the relevant police station. They should do so after obtaining
a corresponding visa at the Spanish Consulate with jurisdiction over their place
of residence, if a visa is required due to the citizenship of origin.
The dependants included in the current Royal Decree, with the exception of
parentsand descendants who are older than 21 years of age, must obtain a
residence permit that allows them to work. Please note that the visa application
and collection, as well as the residence card application and collection, need
to be done in person by the applicant. A residence authorisation application
must be processed within three months.
Long duration
A foreign national needs to apply in person for a long duration residence
permit at the relevant police station. According to legislation, a long duration
residence application should be processed within three months of being filed
with the competent body. Otherwise, after three months the application will
automatically be deemed approved.
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•
•
firstly, the transfer of the foreign national must be communicated to the
Spanish employment authorities of the city where he or she will be
transferred, through an application form stamped and signed by the
transferring organisation
the application for the visa should be submitted at the Spanish Consulate
with jurisdiction over the foreign national’s place of residence
the application for the residence card should be submitted, if the transfer
period is for more than six months
the residence card must be collected.
This process takes a minimum of three months after the visa application has
been filed.
Work permit exemption
If a foreign national is not residing in Spain, he or she must apply for the
relevant visa exemption at the Spanish Consulate with jurisdiction over his or
her place of residence. He or she must submit the documentation that gives
him or her the right to apply for the exemption.
If a foreign national is residing legally in Spain, he or she must apply for a work
exemption at the local immigration office with jurisdiction over his or her place
of work. The foreign national must justify how he or she fulfils the requirements
for the work permit exemption.This process takes about three months.
4.3 Documents
EU and EEA citizens
To apply for a certificate of registration as an EU resident in Spain, a foreign
national should provide the following items, once he or she arrives there:
•
•
•
his or her original passport, along with a copy of the relevant page
his or her application form
the fees due to be paid to the authorities.
Depending on the specific city in which the foreign national submits the
application, an appointment may be required and the authorities may request
additional documentation.
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In relation to EU dependants, they must apply for a residence card by
providing the following documentation:
•
•
•
•
•
•
their original passport with a corresponding visa, if a visa is required
the original certificate of the principal EU national, or ID, if the principal EU
national is Spanish
their original birth certificate in the case of children, duly apostilled or
legalised
their original marriage certificate or certificate of partnership, duly
recognised in the case of a spouse or partner, and issued by the authorities
of the EU spouse’s country of citizenship.
The process of getting a residence card for dependants takes about three
months.
•
The following documents should be submitted when applying for a visa at the
Spanish Consulate with jurisdiction over a foreign national’s place of residence
in the EU:
•
Long duration
A foreign national must submit the following documents when making an
application:
•
•
•
•
•
his or her passport
the ‘Census’ certificate (i.e. registriation at the town hall of the foreign
national’s home address)
documentation proving his or her long duration status in another EU State
and the renunciation of it, or documentation proving his or her previous
five years of required legal residence (in Spain or in Spain and abroad, in
accordance with the conditions already mentioned)
2-3 passport photgraphs, size 32mm by 26mm
proof of sufficient financial resources, private medical insurance and a
criminal record check may be required.
‘Van der Elst’ Visa
In order to submit the communication regarding the transfer to the
employment authorities, the EU sending organisation should file a note
containing the following data:
•
data of the sending organisation:
- the name of the organisation’s representative
- the ID number of the representative
- the job position of the representative
- the complete denomination of the organisation
- the identifying fiscal number of the organisation
- the organisation’s fiscal address
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data of the assigned foreign national:
- a copy of all the pages of his or her passport
data of the place of work:
- the name of the organisation
- the fiscal identification number
- the address of the place of work
- the location (e.g. the name of part of a city)
data of the period of transfer:
- the start and end date should be specified.
•
•
•
•
•
•
•
•
the original passport with a minimum validity of four months, with a copy
of the data page
the original employment contract, and one copy
the original of the most recent pay slip, and one copy
the original of the EU State’s work and residence permit, and one copy
any non-criminal record certificates issued by the country of origin and any
countries where the foreign national has lived for a minimum period of six
months during the last five years. The certificates should be duly legalised
or apostilled and translated into Spanish
an original medical certificate, typed on doctor’s stationary
one passport photo
the visa application form
the communication of transfer to the Spanish employment authorities.
The visa application process will take about three months to be approved. The
length of time will depend on how soon certain reports are received from the
Spanish authorities. The Ministry for Foreign Affairs needs to receive these
before it can process a visa application.
In terms of an application for a residence card, if the transfer period is for more
than six months, once a foreign national gets a visa, he or she can enter Spain,
start working, and at the same time apply for a residence card, if applicable.
Work permit exemption
A foreign national must submit the following documentation for a work
permit exemption:
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•
•
•
•
•
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•
his or her passport, which must be valid for more than one year
2-3 passport photographs
an original certificate of good conduct
the visa application forms, typewritten and signed by him or her
a driving licence or State ID, showing his or her permanent legal residence
a health certificate
an original official invitation or documents describing the activities to be
performed, stating also that the organisation will assume financial
responsibility for him or her.
•
•
•
Specific documentation is required for the following groups of foreign
nationals:
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•
•
•
•
foreign technicians and scientists: e.g. a letter of invitation or an
employment contract, signed by the representative of the corresponding
organization
foreign teachers invited or hired by a Spanish university: an invitation
letter or employment contract, signed by a representative of the Spanish
university
foreign executive personnel, teachers of cultural institutions and teachers
of other Member States, provided they limit their activity to the
performance of the particular programmes. The institutions can be either
privateor public, of a recognised prestige, and be officially recognised by
Spain. They need to be promoting cultural programmes in Spain:
documentation justifying the validity of their academic credentials, the
employment contract relating to the management activities they are to
handle,and in the case of a private organisation, documentation proving
its recognition in Spain
civil or military clerks of foreign public bodies who come to Spain within
the auspices of a programme of cooperation with public Spanish
administration: a certificate expedited by the Foreign State Administration,
justifying the activities that they will take part in
correspondents of mass media, duly recognised to practice their activities:
in the case of correspondents, they will need to apply for accreditation, to
be issued by the General Directionof International Information of the
Ministry for the Presidency. It can be applied for at the Consulate. In the
case of collaborators, they will need to apply for a freelance visa
members of international scientific missions who undertake work and
research in Spain, duly authorised by the State: an authorisation of the
Ministry for Education and Sciences or the Ministry for Industry, Tourism
and Trade, to take part in an international scientific mission
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•
artists who come to Spain to carry out specific performances, which do not
constitute a continuous activity: documentation to prove their identity and
the employment contract indicating the development of the artistic
activities, the duration of which cannot exceed five continuous days or 20
days in a period of less than six months
churchmen or representatives of the different churches and religions, duly
inscribed in the register of religious entities provided they limit their
activities strictly to religious functions: documentation to prove their status
and the activities in which they will take part
foreign nationals who are part of organisations of representation, or the
government and administration of internationally recognised unions
provided they limit their activities to trade union functions: documentation
to prove their status
minor foreign nationals of employment age who are under the
guardianship of the corresponding public body for the protection of minors
and who are designated to activities that the body considers adequate to
protect their social integration: documentation proving their status.
This comprises:
- proof of receiving a grant, if applicable
- proof of income and means of support for living expenses in Spain
- the original application for exemption from permission to work
- proof of health insurance in Spain
- proof of accommodation in Spain
- the visa fee.
The documentation indicated should be apostilled and it may be required to
be translated into Spanish. Special conditions may apply in certain
circumstances.
Once a foreign national arrives in Spain, he or she must apply for a residence
card, if applicable.
5. WORK PERMITS
5.1 General
In Spain, foreign nationals most commonly apply for one of the following two
permits:
Intra-organisation work permit
This authorisation might be requested for foreign nationals with a length of
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service of a minimum of one year in the same type of job and with a length of
service of a minimum of nine months within the sending organisation, in any
country outside of the European Union.
•
•
•
The sending and the Spanish organisations should belong to the same group
or there should be an on loan agreement signed between both organisations.
•
According to immigration legislation, the authorisation should be granted for
a maximum of one year and be renewable for one further year, but in practice
it could be extended each year for the whole period agreed between Spain
and the sending country if there is a social security convention between the
two countries. If there is such a convention, the permit will enable the foreign
national to be maintained by the social security system and payroll in the
country of the sending organisation.
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•
•
•
If there is no agreement between the sending country and Spain, the
intra-organisation work permit will be awarded for one year and can only be
renewed for one further year. Moreover, during the transfer, even if the
foreign national is maintained within the sending country’s social security
system, the sending organisation should designate a representative in Spain to
pay the social security charges.
•
Local work permit
This authorisation is granted for one year and can be renewed as often as
necessary. There does not need to be any previous link between the foreign
national and the organisation. To be awarded this type of authorisation, it is
necessary to justify (with some exceptions) that there are no job applicants in
Spain who are qualified to occupy the position being offered to the foreign
national.
•
•
holders of a previous work permit who intend to renew it
employees needed for the assembly of a renewed installation or
production equipment
those who were under refugee status in the year immediately after the
application of the Geneva Convention of 1951 ended, relating to refugee
status on the grounds included in Article I.C.5
those who have been recognised as stateless persons and also those
who have lost their stateless status, for one year after losing it
those who are responsible for Spanish parents or descendants
those born and living in Spain
Children and grandchildren of a Spanish citizen by birth
minor foreign nationals of employment age who are holders of a
residence permit and who are under the guardianship of a public body
those who hold a residence permit due to special circumstances and
those who have been involved in gender violence or human trafficking
those who had a work authorisation for two years for temporary
activities, and who have returned to their countries
those who have renounced their residence and work authorisation within
the voluntary return programme.
In addition:
•
•
those who hold a position of trust, and company executives highly
qualified professionals - technicians and scientists hired by public entities,
universities or centres of research, and development, and innovation
departments of organisations
employees who form part of the staff of an organisation or a group of
organisations in another country, who will work for the same organisation
in Spain
artists with recognised prestige.
The job market test is not applicable to foreign nationals from Peru and Chile,
and according to Article 40 of the Organic Law 2/2009, nor is it applicable to
the cases set out below:
This permit obliges a Spanish organisation to register a foreign national in the
Spanish social security system.
Where the job contract offered is related to the following foreign nationals:
5.1.1 Procedures
•
Described below is the process for obtaining a residence and intra-organisation
work permit:
regrouped family dependants of employment age; the spouse or child(ren)
of a legal resident in Spain holding a renewed authorisation; the child(ren)
of a foreign national who have acquired Spanish citizenship; and foreign
nationals of EU Member States and the European Economic Area,
provided they have been legally living in Spain for a minimum of one year
and the children are not subject to the communitarian regime
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•
•
•
•
•
The application for should be submitted to the relevant body, with the
required documentation duly completed by the legal representative of
the sending organisation. Although in practice applications are usually
filed in Spain, they could also be filed with the relevant Spanish Consulate
abroad.
once a work and residence permit is awarded, a work permit approval
letter should be sent to the foreign national who must then apply for
a corresponding visa at the Spanish Consulate with jurisdiction over his
or her place of residence in his or her country of origin or legal
residence. A visa application should be filed in person by a foreign
national within one month of the Spanish organisation receiving the
resolution.
once a visa is awarded, a foreign national must pick it up in person
within one month of being notified of the approval by the Consulate.
foreign national can then enter Spain within the validity period of the
visa and start working. He or she must apply for a residence card at the
relevant police station within one month of entering Spain.
a foreign national can collect his or her residence card 30 to 40 days
after applying for it. He or she must collect it in person.
Organisations where an application can be filed
In relation to the two types of work permit set out above, and depending on
the characteristics of the Spanish sponsoring organisation, an application can
be filed with one of the following three organisations:
•
•
A foreign national does not require an appointment to file an application.
To be able to file by this fast track method, the Spanish sponsoring
organisation must fulfil one of the following requirements:
- the Spanish sponsoring organisation or the fiscal group to which it
belongs should have more than 1,000 employees enrolled in the
Spanish security system
- it should have internal (national) investment of more than EUR 200
million.
- it should have external (foreign) investment of more than EUR 20
million. The Spanish organisation can request the certificate indicating
the amount of the foreign investment to be issued by the General
Direction of Investment
- it should obtain a certificate proving that it has an R&D Unit and that
there is an R&D project in which the foreign national is going to
participate as a highly qualified technician.
Local work permit
Below is the process for obtaining a residence and local work permit:
•
•
•
•
The application for a local work permit should be submitted to the
relevant body, with the required documentation duly completed by the
legal representative of the Spanish organisation.
Once a residence and local work permit is awarded, a work permit
approval letter should be sent to the foreign national who must then
apply for a corresponding visa at the Spanish Consulate with jurisdiction
over his or her place of residence in his or her country of origin or legal
residence. A visa application should be filed in person by foreign national
within one month of the Spanish organisation receiving the resolution.
Once a visa is awarded, a foreign national must pick it up in person
within one month of being notified by the Consulate.
A foreign national can enter Spain within the validity period of the visa
and start working. He or she must apply for a residence card at the
relevant police station. The Spanish sponsoring organisation should
register him or her as an employee in the social security system at the
relevant police station,within one month of his or her entry and prior to
starting work and applying for a residence card.
General Direction of Immigration - if the Spanish organisation or the
group to which the organisation belongs has more than 500 employees
and more than one work centre in Spain. No appointment is needed to file
the application
Unit of Large Corporations (‘UGE’) - a foreign national should be
highly qualified and have at least one year’s experience in the job being
offered.
•
Local Immigration Office
If a Spanish sponsoring organisation does not fulfil the conditions
described above, an application should be filed through the local
immigration office in the city where it has the work centre in which the
foreign national will work.
The processing time once the application has been filed differs depending
on the organisation where the application is filed:
- General Direction of Immigration - 30 to 45 days
- Unit of Large Corporations (‘UGE’) - 30 days
- Local Immigration Office - around three months.
A foreign national can collect his or her residence card 30 to 40 days after
applying for it. He or she must collect it in person.
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5.1.2 Documents
The following is the standard documentation that a foreign national needs to
submit in order to apply for a work visa:
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•
•
•
•
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•
•
•
•
a visa application form filled in and signed
2-3 passport photographs
a passport that is valid for a minimum of four months after the intended
date of departure from Spain, with at least one blank page to affix the visa
proof of residence or evidence of immigration status
notification of the work and residence permit approval (‘comunicación de
autorización de trabajo y residencia’)issuedbythe ‘Oficina de Extranjeros o
Dirección General de Inmigración’ of theMinistry of Employment
(‘Ministerio de Trabajo e Inmigración’) in Spain. This document cannot be
older than 30 days
a medical certificate
for foreign nationals who are 18 years old or older - a certificate, and one
copy, proving the absence of police records. The original should be trans
lated into Spanish. The certificate should be certified by police in relation
to all the places where the foreign national has resided during the past five
years
a money order made out to the Consulate General of Spain to cover the
cost of the visa fee.
an employment certificate indicating the job conditions of the foreign
national, including the salary, the duration of the transfer and a guarantee
to respect the employment conditions established in the Law 45/1999
a social security coverage certificate, indicating the data of the sending and
host organisations and a validity to cover the transfer period. If no
agreement exists between the sending country and Spain, the representative
of the sending organisation should designate a representative in Spain to
fulfil the social security charges during the transfer.
From the assignee:
•
•
•
•
•
•
a copy of all the pages of his or her passport and ID
a copy of his or her academic credentials
his or her CV
three payslips: one from one year ago, one from nine months ago and the
most recent one
his or her employment contract with the sending organisation
his or her parents’ names.
The documentation issued abroad must be duly legalised or apostilled and
translated into Spanish.
From the Spanish sponsoring organisation:
The Consulate may require additional documentation and request that the
documentation should be translated into Spanish and legalised or apostilled.
The following documentation is needed to apply for an intra-organisation
work permit:
•
•
•
From the sending organisation:
•
•
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•
•
•
•
a power of attorney signed by the representative of the sending
organisation, allowing a foreign national to apply for a work permit in
Spain
the incorporation deeds, proving the existence of the sending organisation
and its fiscal address and fiscal code
the organisation’s identification number
a public document proving that the sending and the host organisations
belong to the same group or a services agreement signed by both
organisations
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•
•
a copy of the incorporation deeds, inscribed in the mercantile register
a copy of the ID of the representative designated by the sending
organisation
‘TA6’: a certificate indicating the inscription of the organisation in the
Spanish social security system
‘CIF’: the fiscal identification employer number
‘TC1’: the organisation’s three most recent contributions to social security
charges
certificates proving that the organisation has paid all its liabilities related to
tax and social security charges
a description of the organisation’s profile indicating the project in which
the foreign national will participate
a certificate proving that the organisation has not dismissed anyone in the
previous 12 months related to the job position being offered.
The representative of the organisation should attend in person on the day of
the presentation and bring the originals of the above documentation.
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Local work permit
To apply for a local work permit, the following documentation is required:
From the foreign national:
The administrator or the representative of the organisation must attend in
person on the day of the presentation and bring the originals of the above
documentation.
•
•
•
•
•
•
a copy of all the pages of his or her passport that proves he or she is from
outside of Spain and a copy of his or her national ID
his or her CV
documentation that proves his or her academic qualifications: degree
certificate(s) and any additional certificates
documentation proving his or her professional experience: employment
letters and contracts from previous or present employers, and previous pay
slips
his or her parents’ names
documentation proving his or her preferences, including circumstances
that prevent the application of the labour market test.
Please note that documentation issued abroad must be duly apostilled or
legalised.
From the Spanish sponsoring organisation:
•
•
•
•
•
•
•
•
•
•
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•
a copy of the incorporation deeds, inscribed in the mercantile register
a power or deed of attorney justifying that the person who signs the
application, can represent the organisation before the administration and
hire employees on its behalf
a copy of the ID for the representative of the organisation
‘TA6’: a certificate indicating the inscription of the organisation in the
Spanish social security system
‘CIF’: the fiscal identification employer number
documentary proof of the organisation’s three most recent contributions to
social security charges (‘TC1’ and ‘TC2’)
certificates justifying that the organisation has paid all its liabilities related
to tax and social security charges
a job description including the position and salary
documentation proving the need to hire a foreign national
a certificate proving that the organisation has not dismissed anyone in the
previous 12 months related to the job position being offered
the employment contract, which can only be for a pre-determined period
of not less than 12 months or an indefinite employment contract,
indicating the job position and the salary
documentation proving that the job market test allows the work permit
application.
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Researchers
A foreign national will be considered as a researcher when his or her stay in
Spain has as its principal or sole objective to carry out research projects within
the context of a reception agreement signed with a research organisation. The
bodies specialising in research, either public or private, that meet the
conditions stipulated in the regulations, can be authorised by the State or the
autonomous regions, as appropriate, as research organisations in order to
receive foreign researchers. The authorisation will be awarded for a minimum
period of five years or shorter in special cases. A new regulation not yet in will
determine the conditions under which this authorisation can be obtained.
The status of a foreign national under the research regime will mean that he
or she obtains a residence and work authorisation, which will be renewed
annually if he or she continues under the same conditions as the initial
authorisation.
Foreign nationals admitted under the special regime for researchers can give
classes and carry out activities related to their main research activity in
accordance with the current regulations.
Any foreign national, admitted as a researcher in any other MemberState of
the EU, who requests to carry out part of his research in Spain for up to three
months, can apply for a residence and work authorisation. He or she can
obtain one, if he or she fulfils the established requirements, without needing
to apply for a visa. However, a new reception agreement may be required.
Residence and work permits forhighly qualified professionals
Foreign nationals will be considered as highly qualified professionals for the
purpose of this permit, if they possess high academic qualifications or,
exceptionally, if they have professional experience of a minimum of five years,
which can be compared to academic experience, according to the terms to be
determined by the new regulation. Highly qualified professionals will be
awarded a residence and work authorisation, evidenced by an EU Blue Card.
To award the authorisation for highly qualified professionals, the job market
test may be applied.
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A foreign national holder of an EU Blue Card, who has been residing for at
least 18 months in another EU Member State, can obtain an authorisation for
Spain as a highly qualified professional. The application can be submitted in
Spain, within one month of his or her entry, or in the EU State where he or she
has the authorisation. If the original authorisation expires before the
application filed in Spain is resolved, a temporary stay authorisation can be
awarded to the foreign national and his or her dependants.
5.2.1 Procedures
As indicated above, the new regulation will determine the requirements for
granting and renewing the residence and work authorisation.
5.2.2 Documents
See section 5.2.1 above.
reunification of the parents of legal residents of long duration in an EU
State, of holders of an EU Blue Card and of beneficiaries of a special
regime of investigators, will be determined by legislation.
EU dependants
As indicated above, EU dependants have the right to reside and work in Spain
once the relationship with the EU foreign national is proven and the corresponding
residence card has been applied for.
Dependants of work permit holders processed through the ‘UGE’
Dependants of a work permit holder processed through the ‘UGE’, can have
their residence permit application dealt with at the same time as the work
permit for the principal foreign national, if the requirements for the principal
foreign national’s salary are fulfilled.
6.2 Procedures
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Dependants of a non-EU legal resident
The following dependants have the right to be reunified with a legal resident
in Spain who holds a renewal residence authorisation:
•
•
•
his or her children or children under his or her guardianship who are:
- under the age of 18 years
- aged over 18 years, with a physical dependency that genuinely
prevents them from taking care of themselves
dependants with whom the legal resident has a marriage relationship or a
commitment akin to marriage. It is possible to reunite a spouse or
unmarried partner, providing the union was registered in an official
register. It is impossible to reunite more than one spouse or partner, even
if the law of the legal resident’s country of origin allows polygamy. It is
possible to reunite stepchildren and children of the legal partner
parents: those who are eligible for this process are those considered to be
in the care of the legal resident. The legal resident must prove that during
at least the most recent year of his or her residence in Spain, he or she has
sent funds or covered the expenses of his or her parents to such an extent
that it implies effective economic dependence. They should be aged 65
years or over, except in some cases in which there are humanitarian
reasons to justify reunification, provided the rest of the requirements
established by legislation are fulfilled. The requisites relating to the
428
In relation to the dependants discussed in this section, a legal resident can seek
a residence authorisation for them, while renewing his or her initial work and
residence permit.
A legal resident in Spain should apply for a resident permit for his or her
dependants before the Spanish authorities. Once the application has been
approved, the dependant must apply for a corresponding visa at the Spanish
Consulate with jurisdiction over his or her place of residence.
In relation to parents, a legal resident can seek an authorisation if he or she
has a long duration residence permit. He or she should apply for a resident
permit for his or her dependants before the Spanish authorities. Once the
application is approved, the dependant must apply for a corresponding visa at
the Spanish Consulate with jurisdiction over his or her place of residence.
EU dependants
The process is set out in section 4.3 (EU and EEA citizens) above.
Dependants of work permit holders processed by the ‘UGE’
The application for the dependants is submitted at the UGE at the same time
as the work permit application for the principal foreign national.
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6.3 Documents
The following documentation is needed to apply for a reunification permit
(all the documentation to be provided relates to the principal foreign national:
•
•
•
•
•
•
•
•
the original passport and a copy of the data page
the original residence card, and one copy. If it is a renewal, the original
renewal application form and one copy
one copy of the data page of the dependant’s passport
one copy of the marriage or birth certificate (of the dependant),
translated into Spanish
the original employment contract and one copy, plus the last three payslips
the original housing contract in the name of the principal foreign
national, and one copy
the original public notary report indicating the conditions of the house, the
contents, the number of rooms and the number of persons who are
registered at it in the town hall
the certificate issued by the town hall indicating all the persons registered
at the house address, including the principal foreign national.
The process takes a minimum of three months. Once approved, a dependant
must apply for a visa at the Spanish Consulate. Once a dependant enters
Spain, he or she must apply for a corresponding residence card.
In relation to parents, the principal foreign national should include proof to
indicate their financial dependence.
EU dependants
The necessary documentation is described in section 4.3 (EU and EEA citzens)
above.
Dependants of work permit holders processed through the ‘UGE’
The following documentation is needed:
•
•
•
a copy of all the pages of the dependants’ passports
the original marriage or birth certificate of the dependant, duly apostilled
or legalised
a certificate signed by the organisation sponsoring the principal work
permit holder, stating that his or her dependants will have a house in
Spain.
430
1. INTRODUCTION
435
2. SOURCES OF LAW
435
435
3.1 Visas
3.3 Procedures
3.4 Documents
435
435
436
436
436
4.1 General
4.2 Procedures
4.3 Documents
436
437
437
5. WORK PERMITS
437
5.1 General
5.1.1 Procedures
5.1.2 Documents
437
438
438
5.2.1 Procedures
5.2.2 Documents
438
438
438
439
6.1 General
6.2 Procedures
6.3 Documents
439
439
439
Sweden
Immigration - An International Handbook - SWEDEN
1. INTRODUCTION
In general, a foreign national (i.e. a citizen of any country outside the EU or
EEA area and Switzerland), who wants to work in Sweden, is required to apply
for a work permit. There are, however, exceptions to this general provision.
New legislation regarding foreign nationals and their potential to be granted a
work permit entered into force on 15 December 2008. According to the new
provisions, a foreign national can be granted a two year work permit, which
can be extended for another two years. After four years in Sweden, a foreign
national can apply for a permanent work and residence permit.
The EU ‘Visa Code’ has applied as law in Sweden since April 2010. The Visa
Code applies to all Schengen countries and a visa granted by any one of these
countries is also valid for visits to the others. In exceptional cases, for example
if a visa is not approved by all Schengen countries, the visa may only be valid
for entry into the issuing country or only for certain countries.
More information regarding applications for work permits, residence permits
and visas can be found on the Swedish Migration Board’s website, which is at
www.migrationsverket.se.
2. SOURCES
OF LAW
Swedish immigration law contains the main sources of law, namely the Aliens
Act (2005:716) and the Aliens Ordinance (2006:97).
3. VISITORS
3.1 Visas
A foreign national who will visit Sweden for less than three months is
generally required to apply for a visa. However, citizens of countries with
whom Sweden has entered into a visa agreement, are exempt from this
requirement. A detailed list of nationalities that require a visa to enter Sweden
is available on the Swedish Migration Board’s website under the heading
‘Visiting Sweden’.
The guiding principle is that foreign nationals can visit Sweden (as a business
visitor) if they do not intend actually to perform ‘work’, but instead to
represent an organisation or employer, for example, at meetings or
conferences.
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3.3 Procedures
A visa application should be made at a Swedish mission abroad. In some
countries, Sweden is represented by another Schengen country’s mission. If the
visa application is made at another Schengen country's mission abroad, the
foreign national should contact that particular mission in advance. In such
cases, it is the other country's documentary requirements that apply.
The application process normally takes two weeks. However, the processing
times can vary at the different missions abroad. For up-to-date information, it
is advisable to contact the relevant Swedish mission abroad.
3.4 Documents
The following documents need to be submitted when applying for a visa:
•
•
•
•
•
•
the specific application form for a Schengen visa, which can be
downloaded from the Swedish Migration Board’s website
two passport photographs in which the foreign national is looking straight
ahead. The photographs must not be more than six months old
documentary evidence of medical travel insurance
an invitation letter from a business partner or a Swedish organisation. The
invitation must contain information about the foreign national, e.g. his or
her personal data, the reasons for the trip to Sweden, how long he or she
intends to be in Sweden and who will be responsible for providing
financial support during the time in Sweden
proof of payment of the application fee
any other documents that may be required by the mission abroad.
4. WORKERS
4.1 General
Certain professionals who plan to work in Sweden for only a short time, are
exempt from the work permit requirement, for example representatives who
work temporarily in Sweden for an organisation (e.g. salespersons and
journalists); specialists in an international group who are working temporarily
for the group in Sweden (for less than one year in total); employees employed
by an international group who will undergo practical training, on-the-job
training or other in-service training at an organisation in Sweden, which is part
of the group (totaling a maximum of three months, covering a twelve-month
period).
436
A list of all the categories that are exempt can be found at the Swedish
Migration Board’s website under the headings ‘Working in Sweden’ and
‘Exemptions to the work permit requirement’.
4.2 Procedures
The employer and the foreign national assess whether any of the exemptions
are applicable. The Swedish authorities will most likely not challenge the
assessment if it is reasonable.
Notwithstanding that a foreign national may be exempt from the work permit
requirement, a visa or a residence permit may still be required.
4.3 Documents
If a visa is required, see section 3 above.
If a residence permit is required, the application form for a work and residence
permit should be used (see section 5 below). Instead of an ‘Offer of
Employment’ letter from the prospective employer, a letter should be enclosed,
explaining that the employer and the foreign national have assessed that the
exemption from a work permit requirement is applicable.
5. WORK PERMITS
5.1 General
A work permit is required if a foreign national comes to Sweden to work.
A work permit will be granted if the prospective employer satisfies the
following three conditions:
•
•
•
the employer has advertised the vacant position within the EU and EEA
area and Switzerland (applicable to new recruitment)
the employer offers a salary level, insurance cover and other working
conditions at least equivalent to the provisions under the relevant Swedish
collective bargaining agreements or in line with common practice on the
Swedish labour market for such a position or industry
the relevant trade union has been given the opportunity to express an
opinion on the terms of employment.
A work permit can be granted for a maximum of two years. The permit can
also be extended for a further two years. However, if the employment is
temporary, a work permit can only be granted for the relevant period. A
residence permit is automatically included with a work permit.
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After four years in Sweden, a foreign national can apply for a permanent work
and residence permit.
5.1.1 Procedures
An application should be made by theforeign national in person. If he or she
will stay in Sweden and the Schengen area for less than three months, and is
not a citizen of a country with whom Sweden has entered into a visa
agreement, a visa is also required. If the stay in Sweden will be for a period
longer than three months, a residence permit will also be required.
An application should be made at a Swedish mission abroad, or through the
Swedish Migration Board’s website. If Sweden does not have an embassy or
consulate in the specific country, another Schengen country’s mission may
represent Sweden.
The application process normally takes four to eight weeks. It may take less
time (approximately three weeks) if the application is made through the
Swedish Migration Board’s website.
5.1.2 Documents
The following documents are required when making the application:
6. LAWFUL
6.1 General
Dependants and family members include:
•
•
•
•
•
•
the specific application form for a work and residence permit, which can
be downloaded from the Swedish Migration Board’s website
two passport photographs in which the individual is looking straight
ahead. The photographs must not be more than six months old
an ‘Offer of Employment’, using a standard form, should be filled out by
the prospective employer. The form can be downloaded from the Swedish
Migration Board’s website
proof of payment of the application fee.
a foreign national’s husband or wife, common law spouse or registered
partner
a foreign national’s children, or his or her partner’s children, who are under
21 years of age. Children who are 21 years of age or older must be
dependent on a foreign national or his or her partner for support, in order
to be granted a residence permit.
6.2 Procedures
A foreign national’s family members can be granted residence permits for the
same period that the foreign national receives a residence and work permit. If
a foreign national’s employment is to be for more than six months, family
members can also be granted work permits.
6.3 Documents
The following documents should be submitted with the application:
•
•
STAY FOR DEPENDANTS
•
•
the specific application form for a residence permit for family members,
which can be downloaded from the Swedish Migration Board’s website. If
an on-line application is made, the family member(s) can apply together
with a foreign national
a copy of a passport that shows the identity of the family member(s), the
dates of its validity and any permits to stay in a country other than the
country of origin
the marriage certificate (if any) and birth certificate(s) for children (if any).
5.2.1 Procedures
Not applicable
5.2.2 Documents
Not applicable
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439
1. INTRODUCTION
443
2. SOURCES OF LAW
443
444
3.1 Visas
3.3 Procedures
3.4 Documents
444
444
444
445
446
4.1 General
4.2 Procedures
4.3 Documents
446
446
446
5. WORK PERMITS
446
5.1 General
5.1.1 Procedures
5.1.2 Documents
446
448
448
5.2.1 Procedures
5.2.2 Documents
449
449
449
449
6.1 General
6.2 Procedures
6.3 Documents
449
450
450
Switzerland
Immigration - An International Handbook - SWITZERLAND
1. INTRODUCTION
In Switzerland, immigration legislation has gone through a process of constant
and comprehensive changes. The new legislation, effective as of 1 January
2008, mainly codifies the recent practice of Swiss immigration authorities
without making any major changes.
A key principle in Swiss immigration law is the distinction between EU and
EFTA nationals (the EFTA countries being Iceland, Norway, Liechtenstein and
Switzerland), and so-called ‘third state nationals’. While EU and EFTA
nationals benefit from a number of intergovernmental agreements (in
particular, the bilateral agreement between Switzerland and the EU on the
Freedom of Movement of Persons), only a very limited number of well-qualified
employees from third countries are admitted to work in Switzerland. As of the
beginning of 2010, the requirements for obtaining a work permit in favour of
a non-EU or non-EFTA national became even more restrictive, given that the
number of units of the annual quota (i.e. the number of foreign nationals
authorised to work in Switzerland in a given calendar year) has been reduced.
As regards the visa procedure, the entry of Switzerland into the Schengen area
on 12 December 2008, has led to the harmonisation of entry conditions, also
for third states, members of which are subject to visa requirements. Since the
Swiss practice was very similar to that of the EU in terms of visas, only a few
changes needed to be made.
2. SOURCES
OF LAW
Swiss immigration law is relatively complex, since various legal provisions must
be taken into account. The fundamental rules are contained in the legislation
listed below:
•
•
•
Federal Foreigners Act dated 16 December 2005 (Bundesgesetz über die
Ausländerinnen und Ausländer / Loi fédérale sur les étrangers)
Ordinance on the Entry and Visa Procedures dated 22 October 2008
(Verordnung über die Einreise und die Visumerteilung / Ordonnance sur
l’entrée et l’octroi de visas)
Ordinance on Admission, Residence and Gainful Employment dated 24
October 2007 (Verordnung über Zulassung, Aufenthalt und
Erwerbstätigkeit / Ordonnancerelative à l’admission, au séjour et à
l’exercice d’une activité lucrative)
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•
Agreement between Switzerland and the European Union on the Free
Movement of Persons dated 21 June 1999 (Abkommen über die
Freizügigkeit / Accord sur la libre circulation des personnes).
3. VISITORS
If the Swiss diplomatic representation demands a declaration of sponsorship,
the foreign national must fill out the relevant form and submit it to the
guarantor. The guarantor completes and signs the declaration of sponsorship,
then sends it to the regional or communal authority in charge (depending on
the foreign national’s region of residence).
3.1 Visas
Depending on the nationality of the foreign national, an entry visa may be
required for admittance into Switzerland. This type of authorisation only
regulates the question of entry into Switzerland, namely crossing the Swiss
border. The visa is issued by the competent Swiss diplomatic representation
outside Switzerland.
EU and EFTA nationals do not need a visa to visit Switzerland for the purpose
of tourism, business trips and visits for a maximum stay of three months.
Foreign nationals who have entered Switzerland in compliance with the
relevant regulations and are not taking up any form of employment require no
residence permit, if the duration of their stay does not exceed three months.
Their stay must not exceed a total of three months within a six-month period.
Foreign nationals intending to take up employment in Switzerland are required
to apply for a work permit.
A foreign national who comes to Switzerland without carrying on a lucrative
activity must nevertheless indicate the reasons for his or her visit, which may,
for example, be tourism, business, health reasons (e.g. finding a cure) or study.
The declaration of sponsorship is checked by the regional or communal
authority and entered into the Central Migration Information System.
The result of the investigation is immediately communicated to the Swiss
diplomatic representation, which then decides on the issue of a visa. In
general, visas are delivered within five days after the application date. The fee
for the delivery of a visa amounts to EUR 60, to be paid in cash, plus a EUR 7
fee for transmission. The fees are not refunded for any reason, even if the visa
is refused.
If the visa is refused, the Swiss diplomatic representation will communicate the
decision to the foreign national. The foreign national can appeal in writing
against the decision before the Federal Office for Migrations (‘FOM’) within 30
days of notification. Thereupon, the FOM will issue a contestable decision
subject to a fee, against which the foreign national can appeal before the
Federal Administrative Court within 30 days of notification of the decision.
3.4 Documents
•
•
•
Visitors for business purposes have the right to attend business meetings and
perform their business activity on behalf of their foreign employer, as long as
they do not perform a lucrative activity in Switzerland.
•
3.3 Procedures
Individuals applying for a visa are required to submit their visa application to
the competent Swiss diplomatic representationof their place of residence. The
application form is provided by the Swiss diplomatic representationfree of
charge. The application form must be submitted together with the travel
document, as well as, on demand, other documents which certify the reason
of travel (see ‘Documents’ below).
•
•
444
•
•
one application for a Schengen visa (duly filled out and signed)
two passport size photographs
passport (this must be valid for at least three months after having left the
Schengen territory)
travel insurance (minimum coverage of insurance is the equivalent of EUR
30,000)
documents justifying the object and the duration of the stay (business or
tourist trip or private travel)
documents proving the intention to return
proof of sufficient means to cover the costs of the stay, such as the previ
ous month’s salary statement, the latest bank account statements, a
saving book, credit cards, traveller's cheques, etc. (the minimum
requirement is CHF 100 per day, i.e. EUR 75)
an attestation signed by the organisation that the foreign national will be
visiting in Switzerland, which must specify the duration and reasons for the
visit
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•
the organisation’s declaration of acceptance of financial liability (the
organisation guarantees that it will bear the expenses connected with the
arrival and stay of the foreign national in Switzerland).
4. WORKERS
4.1 General
If a foreign national comes to carry out a lucrative activity without
employment, i.e. a one-off intervention with a Swiss employer, he may carry
out a lucrative activity in Switzerland for a maximum duration of eight days per
calendar year (the so-called ‘eight-day rule’). After the expiration of this time
limit, he or she must hold a work permit.
4.2 Procedures
Depending upon his or her nationality, the foreign national is subject to an
entry visa, in accordance with the procedure described above.
4.3 Documents
A foreign national who needs a visa to enter Switzerland must provide the
requested documents for its delivery (see above).
5. WORK PERMITS
5.1 General
As a general rule, any gainful activity requires a permit or is subject to a registration procedure. The particular type of work permit depends on the
contemplated duration of the gainful activity in Switzerland. A non-EU or nonEFTA citizen who wishes to exercise a gainful activity in Switzerland is subject
to measures of limitation, as contained in the Federal Foreigners Act of 2005.
Following the entry into force of the Agreement on the Free Movement of
Persons in 2002, all EU and EFTA nationals have the personal right to stay in
Switzerland. However, Switzerland has negotiated certain transitional
conditions with the EU for the effective application of this right of stay for the
Member States that have recently joined the EU.
Stays not exceeding eight days within any given period of three
months
No work permit is required in principle, unless the foreign national is working
for a Swiss employer or an employer who has a branch or a permanent
establishment in Switzerland.
446
Stays of up to four months (or 120 days)
The permit is granted either for a single stay of four consecutive months or it
allows the foreign national to be in Switzerland regularly throughout the year
for a total of 120 days in a calendar year. There is no limitation (quota) for the
granting of such permits.
Short stays (one year)
An organisation can be granted a work permit for a foreign specialist whose
presence is required to perform a special assignment for a limited period of
time (short-term permit, ‘L permit’), for up to one year. These short-term
permits may, in exceptional circumstances, be extended up to a maximum
period of 24 months in total, if the employer remains the same. Similar
one-year permits can also be obtained for trainees. Such trainee permits
granted for one year may, in exceptional circumstances, be extended for
another six month-period upon approval of the Federal Office for Migrations.
Ordinary residence and work permit
A foreign specialist can only be authorised to work in Switzerland for an
unlimited period of time, if his or her employer obtains a new unit within the
quota system. The unit granted will allow the Cantonal Foreigner Office to issue
the residence and work permit (long-term permit, ‘B permit’).
Settlement
For nationals of the first 15 Member States of the EU and those of the EFTA
Member States, as well as nationals of the United States of America and
Canada, the B permit can be converted into a settlement permit (‘C permit’)
after five years of continuous residency. The C permit grants in principle the
same rights as those of a Swiss citizen, except for political rights. For citizens
of other countries, the C permit is in principle only granted after ten years of
residency.
Activity in Switzerland without residence
Foreign nationals can hold a permanent residence authorisation in a
neighbouring country (Italy, France, Austria, Germany) and work in
Switzerland while living near the Swiss border (‘G permit’). Non-EU and
non-EFTA nationals may obtain a G permit, if they have already stayed in the
border area for six months before filing the G permit application.
Residence in Switzerland without gainful activity
EU and EFTA nationals who do not exercise a lucrative activity, at least not in
Switzerland, have the right to obtain a residence permit in Switzerland, as long
as they can show that they have sufficient financial means to cover their stay
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and that they hold comprehensive health and accident insurance. Like all
individuals who exercise a lucrative activity, they have the right to family
reunification and settlement.
5.1.1 Procedures
Applications for work permits must be submitted by the Swiss employer to the
competent cantonal authority at the place where the foreign national intends
to carry out a gainful activity. EU and EFTA nationals who are merely subject to
a registration procedure may register at the Inhabitants Control Office of their
place of residence in Switzerland. Self-employed foreign nationals and foreign
nationals who do not intend to exercise a gainful activity must apply individually.
Upon filing an application, the process of obtaining a work permit usually
takes approximately eight to ten weeks.
The residence permit is delivered together with the work permit and is included
in the same document. The non-EU or non-EFTA citizen will also need to
obtain a visa abroad before taking up residence and work in Switzerland.
5.1.2 Documents
In order to apply for a work permit, a non-EU or non-EFTA national needs to
provide the following documents:
•
•
•
•
•
•
•
•
•
•
•
an official application form
a copy of his or her passport
his or her employment agreement
his or her curriculum vitae
copies of his or her university degrees or diplomas
proof of the employer’s unsuccessful recruitment efforts in the Swiss
(and European) labour market
a description of his or her qualifications and particular skills
two passport size photographs
his or her marriage certificate, if applicable
a birth certificate for any children, as applicable
upon arrival in Switzerland, a copy of the lease agreement and the foreign
national’s criminal record.
EU and EFTA nationals can obtain a work permit without prior approval using
a registration procedure, upon presentation of their identity papers and
confirmation of employment.
448
In general, work permits are only granted to non-EU and non-EFTA citizens if
they are highly qualified employees and provided that no adequate candidate
for the same position can be found in the local market (including EU and
EFTA). This requirement does not apply in the event of an ‘intra-group
transfer’ (i.e. a transfer from one organisation to another within the same
corporate group) of senior staff or management, provided that the transferred
employee has acquired, during his or her employment within the group (which
must be at least one year), specific knowledge and skills which are indispensable
for the assignment in Switzerland.
5.2.1 Procedures
The procedure for the granting of a work permit for transferred employees is
the same as explained above.
5.2.2 Documents
The requested documents are the same as in the general procedure, except for
the proof of failed recruitment efforts, which is not required in the case of an
intra-group transfer.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
As a rule, only foreign nationals with a normal B permit are authorised to bring
their spouse and children (under 18 years old) with them to Switzerland
pursuant to family regrouping measures and provided they all live with the B
permit holder. The spouse would normally be authorised to work in
Switzerland without his or her employer needing to request an additional unit
of the quota. However, the employer will need to file an application and show
that the employment conditions and salary are equivalent to those prevailing
in the workplace and in the profession for local manpower.
If the family members of a Swiss national hold a residence authorisation
delivered by an EU or EFTA State, they have a right to a residence permit in
Switzerland. In such a case, family members include the spouse, any children
under 21 years old, as well as the parents of the Swiss national and of his or
her spouse.
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6.2 Procedures
The family member must apply for the residence permit with the Cantonal
Foreigner Office at his or her place of residence in Switzerland. At the same
time, he or she must fill out a visa application form to be filed with the
competent Swiss representationabroad.
6.3 Documents
The requested documents are the usual ones (passport, passport size
photographs, marriage certificate and birth certificate for any children).
450
1. INTRODUCTION
455
2. SOURCES OF LAW
455
455
3.1 Visas
3.3 Procedures
3.4 Documents
455
455
455
456
456
4.1 General
4.2 Procedures
4.3 Documents
456
457
458
5. WORK PERMITS
458
5.1 General
5.1.1 Procedures
5.1.2 Documents
458
459
460
5.2.1 Procedures
5.2.2 Documents
462
462
462
462
6.1 General
6.2 Procedures
6.3 Documents
462
463
463
Turkey
Immigration - An International Handbook - TURKEY
1. INTRODUCTION
The law and regulations regarding work permits for the Republic of Turkey
changed significantly in 2010. After several years of high denial rates,
extremely long adjudication periods and extra barriers for the permits for
engineers, architects and urban planners, the 2010 changes have greatly
improved the processing of work permits.
2. SOURCES
OF LAW
The main sources of law on immigration are as follows:
•
•
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Act No: 4817 on ‘Work Permits for Foreigners’
Application Regulations for the Law on Work Permits of Foreigners
Regulations on the Employment of Personnel of Foreign Nationality in
Direct Foreign Investment.
3. VISITORS
3.1 Visas
Though foreign nationals of some countries are allowed entry into Turkey visa
free, as a general rule, foreign nationals require a visa to enter and remain in
Turkey. The term and the fee for the visa depend on the nationality of the
applicant. A more precise list of those nationalities that are visa free and those
that require a visa is available on the website of the Ministry of Foreign Affairs
of the Republic of Turkey: www.mfa.gov.tr. Note that several nationalities are
permitted to obtain their visa upon arrival at the Turkish border gates (known
as a ‘sticker visa’). Please see the above website for a list of these countries.
As in many countries, no ‘productive work’ is permissible while on a visitor visa
in Turkey. Business visitors may attend meetings, conferences or training with
colleagues, clients or customers whilst in visitor status. For a more complete list
of the activities exempted from the need for a work permit and permitted
visitor status, please see section 4 below.
3.3 Procedures
Nationals who are neither visa free nor ‘sticker’ visa eligible must apply for a
business visitor visa at the Turkish consulate located where they legally reside.
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3.4 Documents
Required Documents for Business Visitor Visa Applications:
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•
•
•
•
petition from the overseas organisation: specifying: (i) the dates the
employee will be in Turkey, (ii)the activities to be conducted, etc.
invitation Letter (from the hosting Turkish organisation which the
employee will visit)
visa application form
passport photographs
original passport.
•
•
•
•
for the assembly, maintenance and repair of machinery and equipment
imported by Turkey, for training in their use or for taking delivery of the
equipment (maximum three months). (For further details of this often-used
category, see section 4.2 below)
for training related to the use of goods and services exported from Turkey
or imported into Turkey (maximum three months)
who will provide a significant service and contribution to Turkey in
socio-cultural and technological fields, as well as providing training
(maximum one month)
who are also foreign students who wish to participate in internships in
private or public institutions (duration of the period of the internship).
The following may be required, according to the consular post:
•
•
•
return ticket
the applicant’s personal bank account records for the previous several
months
the applicant’s personal tax records for the last several years.
Additional documents may be required according to the post and these may
change without notice. It is advisable to communicate with the relevant
consulate for each application.
When the applicant arrives in Turkey, if he or she wishes to remain beyond the
time specified in the visa, it is possible to apply for a residence permit (based
on a ‘business meeting’), using the same application process as for an AMS
residence permit (see section 4.2 below) for up to 90 days, once within a
calendar year. However, when a residence permit based on a business meeting
is applied for, the local Police Department may conduct unannounced on-site
visits of the hosting Turkish organisation, with the purpose of checking that
the visitor is not engaged in productive work.
4. WORKERS
The above exempted categories (with the exception of interns) may only
benefit from these categories once per calendar year. Extensions of stay (up to
the maximum periods specified above) are possible by applying for a residence
permit annotated with the corresponding entry exemption (see below for how
this is done in the case of an AMS residence permit). For foreign nationals
whose activities exceed one month, it will be necessary to obtain a residence
permit, appropriately annotated regarding their activities.
4.2 Procedures
The most important of the exempted categories for employers are the
Assembly and Maintenance Service Visas (‘AMS’ visas). An employee of a
foreign organisation may, under certain conditions, engage in assembly and
maintenance service work for the benefit of a receiving Turkish organisation,
without the need for a work permit. An AMS visa can be used for many
categories of ‘products’ including assembly, training for staff, and
maintenance of: software, computer hardware, complex machinery, energy
equipment, and manufacturing equipment. However, as the interpretation of
appropriate ‘product’ or ‘service’ is not subject to Foreign Ministry guidance,
in practice there is significant variation in interpretation amongst consulates.
Note that in relation to AMS visas:
•
4.1 General
Turkish work permit regulations carve out special exemptions for certain
categories of activities, and these do not require a work permit. They include,
but are not limited to foreign nationals entering Turkey:
•
•
for scientific, cultural and artistic activities (maximum one month), and for
the purpose of sport activities (maximum four months)
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the qualifying foreign national must continue to be paid by the foreign
organisation which sent him or her, i.e. not by an organisation within
Turkey. The visa allows the qualifying foreign national to work only in the
locality specified in the application documentation visa and for the
organisation designated in the visa.
An AMS visa can be issued for a maximum of 90 days, but in practice it is
usually issued for 15-30 days. Although the visa application allows a
request to be made either for a single or multiple-entry visa, in practice, the
Foreign Ministry issues only single-entry visas. Therefore, in order to allow
multiple entry, it is essential that a residence permit annotated with the
AMS data is obtained.
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•
AMS visas may only be issued once per calendar year per foreign national.
Therefore, if the foreign national leaves Turkey during the initial visa
period, he or she will not be able to re-enter Turkey pursuant to the AMS
status for one calendar year, unless an AMS residence permit is obtained,
as described below.
4.3 Documents
For documents required for AMS Visa Application, please see section 3.4
above.
Note that consulates may require additional documents and may change their
requirements without notice. It is advisable to communicate with the relevant
consulate in relation to each application. AMS visa applications are generally
adjudicated within 1-7 business days, depending on the consulate.
Note that AMS visa holders may apply for residence permits (annotated to
reflect AMS status) to remain in Turkey for a total of 90 days and to enable
multiple entry.
•
•
the employer must meet certain paid-in capital amounts, but alternatives
are available.
the employer must also provide certain minimum salary levels depending
on the position offered to the foreign national.
It is important to note that the work permit applications for certain professions
may require additional procedures. For example, a work permit application for
an engineer, architect or urban planner will require an ‘equivalency’ procedure
by the appropriate government agency. This is a lengthy procedure (taking up
to a year), which is dealt with first by the Education Ministry and then the
Higher Education Council, after consultation with the professional chambers.
Note that one of the changes in the law made in 2010 is to allow the Ministry
the discretion to issue a one-year interim work permit for these applicants.
Residence permits for employees
A residence permit is required for anyone intending to work or reside in Turkey
beyond 30 days. This applies to those granted a work permit, those who wish
to extend their AMS or internship status, dependants of those granted a work
permit, etc. The procedure and documents required for obtaining a residence
permit based on a work permit are set out below.
5. WORK PERMITS
5.1 General
Turkish law separates foreign nationals into two categories: Group A (the EU,
the US, Canada, Australia, and certain others on a list that changes periodically)
and Group B (all others). Group A nationals are given several benefits within
immigration law and, in the context of applying for a work permit, have two
types of application procedures available to them. Group A nationals may file
their work permit applications (i) via a Turkish consulate abroad (as explained
below)or (ii) domestically with the Labour Ministry in Turkey (whilst in
possession of a residence permit, see section 5.1.1 below).
Significant changes in the work permit regulations occurred in 2010.
These include that:
•
•
the work permit application form must now be filed through the Labour
Ministry’s online web-based system. The support documentation must
then be sent by post within six business days of the online application.
the employer must show at least five Turkish employees on its payroll
for each foreign national. Special exemptions may apply for a new business
entity.
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Optional procedure for Group A nationals
As explained above, Group A nationals have the option to use a different
procedure to become work-authorised. Instead of obtaining a work visa from
the Turkish consulate abroad, a Group A national may enter Turkey pursuant
to a visitor visa, and then apply for a residence permit (based on the available
funds of the applicant, as explained below). Once in possession of a residence
permit which is valid for at least six months, the Group A national will then
apply for work permit, submitting both the employer/employee documents, as
outlined below. Once the work permit is approved, the employee must amend
the residence permit to reflect that he or she is now work-authorised. Note
that under no circumstances is the employee authorised to commence work
until this last step is completed (i.e. the residence permit has been annotated
with approval for work).
5.1.1 Procedures
When applying from abroad, the employee must file a work visa application at
the Turkish consulate where he or she legally resides. Within ten business days
of making the application, the employer must file a full work permit
application domestically with the Labour Ministry. By law, the Labour Ministry
has 30 days to process the application, assuming there are no missing
documents, but this deadline is not always met. Once the application has been
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approved by the Labour Ministry, the foreign national must return to the
Turkish Consulate within 90 days to obtain a work visa. The work visa allows
the foreign national to enter Turkey for work purposes within its period of
validity. Then, within 30 days of arrival in Turkey, the foreign applicant must
also apply for a residence permit, in order to validate the work permit.
Please see section below for residence permits.
Residence permits for employees
With regard to a residence permit for the holder of a work visa and work
permit, a residence permit must be filed within 30 days of arrival on the work
visa in Turkey. The foreign employee must file a residency permit application
with the Foreign Nationals’ Police Department in the area where the foreign
national resides. Please note that the procedure and support documents
required may vary with the district of the Police Department. The documents
and procedure set out below is as described by the Foreign Nationals’ Police
Department of Istanbul.
As the consulate may request additional documentation, it is advisable to
correspond with the consulate before filing the work visa application. The
consulate will inform the applicant (normally by email) when the application
has been officially registered to give the employer time to file the relevant
documents.
Work Permit Application filed at the Ministry
Documents required from the foreign national:
•
•
•
•
As explained above – and again based on the procedure used by the Istanbul
Police Department only – for this optional procedure for group A nationals, the
initial step after tourist entry is to apply for a funds-based Resident Permit of
at least six months duration. Once the residence permit is issued, the work
permit application with both the employer and employee’s portions, can then
be filed domestically directly with the Labour Ministry. Once the work permit
is approved, the foreign national must then file for a “conversion” of his or her
residence permit from “funds based” to “work permit based”.
•
5.1.2 Documents
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•
Documents required from the employer:
•
•
•
Work Visa Application filed at the Consulate
•
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•
•
•
a petition letter on the letterhead of the relevant organisation (containing
information about the intended employment, term and work duties)
signed by an individual with the authority to sign on behalf of the
organisation)
the standard visa form provided by the consulate
passport
passport photographs
employment contract or offer letter
if the person applies from a country other than of his or her nationality,
then his or her valid residence permit or evidence of legal status in the
country of residence.
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four application forms (in Turkish) signed by both employee and employer
six passport size photographs
a copy of the diploma/degree of the educational institution from which
applicant last graduated, either: (i) certified by the Turkish consulate or a
Turkish notary or (ii) apostilled in accordance with the Hague Convention
a copy of the page of the foreign national’s passport showing biographical
information, either: (i) certified by the Turkish consulate or a Turkish notary
or (ii) apostilled in accordance with the Hague Convention
employment agreement or offer letter.
•
•
a letter on the letterhead of the organisation addressed to the Labour
Ministry requesting the foreign employee’s services
the previous year’s profit and loss statement and balance sheet approved
by the certified financial advisor or Tax Office
the organisation’s export incentive and investment incentive certificates, if
any
the social security office list of registered employees
if the organisation has a foreign shareholder, the Trade Registry Gazette of
the organisation, showing the most recent capital and shareholding
structure
a notarised copy of organisation’s signature circular
power of attorney of the organisation (if filed by a law firm).
Residence Permit Applications for employees
•
•
•
•
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•
residence permit application form (in colour)
four passport size photographs
passport
previous residence permit (if seeking renewal)
original and copy of the work permit
power of attorney from the applicant (if filed by a law firm).
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Note that if a law firm makes the application, the applicant does not need to
be present, but he or she will need to be present to collect the residence
permit on the collection date determined by the Police Department (usually 15 days after filing).
6.2 Procedures
Dependants of work permit holders may enter with the holder pursuant to a
visitor visa. The dependant then must obtain a residence permit within 30 days
of entry.
The documents required for funds-based residence permits include:
6.3 Documents
The required documents are as follows:
•
•
•
•
•
•
•
•
•
•
the standard application form (in colour)
passport size photographs
passport (both original and photocopy)
copy of previous residence permit (if seeking renewal)
a current bank statement certified by a Turkish bank in the Turkish
language, in an account in the applicant’s name evidencing USD 300 per
month or USD 3,600 per year, or (B) a current foreign exchange receipt in
applicant’s name in the Turkish language, evidencing conversion of at least
USD 300 per month or USD 3,600 per year into Turkish lira (note that
amount of funds may vary according to the location of filing).
Upon approval of the work permit, the residence permit will need to be
annotated within 30 days by the Local Police Department to reflect the work
permit. This process is a conversion of the residence permit from a
‘funds-based’ to an ‘employment-based’ permit. The documents and
procedure used for this are as described in section 5.1.2 Residence Permits for
Employees, above.
•
•
petition
four photographs
application form
original and notarised Turkish translation of the marriage certificate (for
spousal dependant) and child’s birth certificate (for minor dependant)
copy of residence permit (with work permit notation) of the principal
spouse/parent
a notarised undertaking from the mother and father concerning the care
and upkeep of any dependent child.
A residence permit application is made in the same manner as described
above. Please note that the child must be present when filing a residence
permit application, accompanied by its mother or father.
There are no special preference categories under Turkish law.
5.2.1 Procedures
Not applicable.
5.2.2 Documents
Not applicable.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
According to Turkish law, dependants are defined as children under 18 years
of age, and lawfully married spouses. Turkey does not recognise common law
spouses or co-habiting partners.
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1. INTRODUCTION
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2. SOURCES OF LAW
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467
3.1 Visas
3.3 Procedures
3.4 Documents
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467
468
468
468
4.1 General
4.2 Procedures
4.3 Documents
468
469
469
5. WORK PERMITS
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5.1 General
5.1.1 Procedures
5.1.2 Documents
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470
471
5.2.1 Procedures
5.2.2 Documents
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473
6.1 General
6.2 Procedures
6.3 Documents
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United Kingdom
Immigration - An International Handbook - UNITED
KINGDOM
1. INTRODUCTION
In June 2008 the UK Government introduced a ‘Points Based System’ in stages,
which has changed most of the routes by which foreign nationals can enter
the UK.
The Points Based System is made up of 5 Tiers: Tier 1 is for highly skilled
foreign nationals whose permission to work in the UK is not tied to any
particular employer. Tier 2 is for skilled foreign nationals coming to the UK to
work in a particular job for a particular employer. Tier 3 is for unskilled foreign
nationals, but is not currently operational. Tier 4 is for students, and Tier 5 is
for temporary workers.
2. SOURCES
OF LAW
The majority of the relevant law can be found within the Immigration Rules, as
made in accordance with section 3(2) of the Immigration Act 1971.
3. VISITORS
3.1 Visas
All visa nationals, intending to come to the UK for a period of up to six
months, require a visa issued by a British diplomatic post in their country of
normal residence before entering the UK as a business visitor.
If frequent business travel to the UK is envisaged multiple entry visas are
available for business visitors for six months, and one, two, five and ten years.
Non-visa nationals will be issued permission to enter the UK as a visitor for a
period of not more than six months upon arrival.
Business visitors may attend board meetings and meetings to negotiate deals;
undertake fact finding missions; attend interviews or trade fairs; conduct site
visits; deliver goods or passengers; take part in location shoots; and represent
overseas news media.
Under particular circumstances, some secondees, advisers, consultants and
individuals coming to the UK for training in UK work practices only, may also
qualify for entry as business visitors.
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KINGDOM
Business visitors must not take up employment, produce or sell goods or
services directly to the UK public, or study in the UK. Furthermore, business
visitors must not intend to transfer their base to the UK and must not receive
a salary from a UK source.
4.2 Procedures
Individuals required to register under the Worker Registration Scheme must
complete the requisite form and submit this to the UK Border Agency within
one month of commencing their employment.
3.3 Procedures
The application process involves completion of an application form that is now
available online in most countries, booking and attending an appointment to
submit biometric data (a digital photograph and finger scans), and submitting
hard copy application materials.
Romanian and Bulgarian nationals must find a UK employer who will submit a
work permit application on their behalf. Once issued, the foreign worker must
then submit an application for an Accession Worker Card before they can
commence their employment.
4.3 Documents
3.4 Documents
The required documentation includes:
•
•
•
•
•
•
valid current passport
two identical colour passport size photographs
a return or onward airline ticket and travel itinerary
evidence of any previous dealings with the UK company e.g. email
correspondence or invoices
an invitation letter from a sponsor in the UK
a letter of support from the overseas employer or evidence of
employment or self-employment in the home country
bank statements or payslips for the six months immediately preceding
the submission of the application..
4. WORKERS
4.1 General
Note that the terminology used in the UK is ‘work authorisation’, rather than
‘work permit’.
EEA nationals have the right to travel to and reside in the UK without first
obtaining a visa.
Nationals of the following countries may however need to register under the
Worker Registration Scheme (WRS) within one month of commencing
employment in the UK: the Czech Republic; Estonia; Hungary; Latvia;
Lithuania; Poland; Slovakia; and Slovenia.
Nationals from Romania and Bulgaria require an Accession Worker Card and a
work permit before they can undertake UK employment.
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Worker registration scheme
•
•
•
•
•
•
Original passport or identity card
completed application form
application fee of £90
two identical colour passport photographs
a letter from the UK employer confirming the date the foreign worker
commenced employment in the UK.
Accession worker card and work permit
The UK employer must complete a pre-points style work permit application
form. Following approval of the work permit application, the foreign worker
must submit the following in support of the Accession worker card:
•
•
•
•
original passport / ID card
two identical passport size photographs
completed application form
documents relevant to the basis on which the application is made.
5. WORK PERMITS
5.1 General
Note that the terminology used in the UK is ‘work authorisation’, rather than
‘work permit’.
Tier 1 (General) migrant visa
A Tier 1 (General) migrant allows a foreign national to work in the UK on an
employed or self employed basis. The foreign worker is self sponsored, and as
such is able to change UK employers at will, and without requiring further
sponsorship from any new employer.
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An interim cap of 600 applications per month on of Tier 1 (General)
applications submitted from outside the UK was introduced by the UK government
in July 2010, with a view to a permanent cap being introduced in April 2011.
The UK government subsequently announced in late 2010 that the Tier 1
(General) immigration category is to close in April 2011. At the time of writing no details of an equivalent UK immigration category have been released.
Tier 2 (General) migrant visa and Certificate of Sponsorship
A Certificate of Sponsorship is issued by a UK licensed employer and a
corresponding Tier 2 (General) migrant visa is applied for from the relevant
British diplomatic post overseas. The visa authorises a foreign national to work
in a specific job for a specified UK employer.
In July 2010, the UK government introduced an interim cap on Tier 2 (General)
applications, significantly reducing licensed sponsors’ ability to issue Tier 2
(General) certificates of sponsorship, and removing the ability from new
sponsors to issue any certificates of sponsorship upon licence approval.
Following consultation, a permanent cap will be introduced in April 2011.
Tier 2 (Intra Company Transfer) migrant visa together with a Certificate
of Sponsorship
A Tier 2 (ICT) migrant visa is a streamlined category for employees being
transferred from related overseas organisations.
The category was sub-divided into three categories; Established Staff,
Graduate Trainees and Skills Transfer.
Established staff require 12 months prior employment with a related overseas
organisation in order to qualify for the issue of a CoS. Graduate Trainees need
just 3 months prior employment with a related overseas organisation, whilst
those wishing to enter the UK under the Skills Transfer route can be new hires
without any employment history with the overseas organisation.
KINGDOM
Tier 2 (General) migrant visa and Certificate of Sponsorship
In order to be able to issue certificates of sponsorship, a UK employer must first
apply for a sponsorship licence, by completing an online application form and
submitting hardcopy application documentation to the UK Border Agency.
To sponsor a Tier 2 (General) migrant, the employer must advertise the role for
four weeks to show that no resident worker within the EEA is able to do the
job. On the basis that the best candidate for the role is a non EEA national, the
employer then issues a Certificate of Sponsorship to a named foreign
national to fill a specific role.
The certificate of sponsorship is a virtual document, with a unique reference
number, that the foreign national needs when applying for his or her visa.
The foreign national must then apply for a visa from a British diplomatic post
overseas. The visa application process is described above, and includes
completing an application form that is now available online in most countries,
booking and attending an appointment to submit biometric data (a digital
photograph and finger scans) and submission of hard copy application
materials.
Tier 2 (Intra Company Transfer) migrant visa together with a certificate
of sponsorship
As with the Tier 2 (General) category, the UK employer must apply for a
sponsor licence to be able to assign a certificate of sponsorship to a Tier 2 (ICT)
migrant. However, the employer does not need to advertise the role in order
to assign a certificate of sponsorship to the named foreign national, to fill a
specific role. The applicant is however still required to complete an online visa
application, provide biometric information and thereafter submit original
supporting documentation.
5.1.2 Documents
The required documentation includes:
5.1.1 Procedures
The application process involves completion of an application form that is now
available online in most countries, booking and attending an appointment to
submit biometric data (a digital photograph and finger scans) and submitting
hard copy application materials.
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•
•
•
•
•
a current valid passport
original documentation evidencing qualifications
original documents evidencing previous earnings
bank statements showing that the foreign national has had at least
£2,800 in his or her account for the three months leading up to
submission of the visa application.
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Tier 2 (General) migrant visa together with a certificate of sponsorship
The UK licensed employer is required to maintain documentation justifying the
issue of a Certificate of Sponsorship to the foreign national. This normally
consists of copies of the foreign national’s qualifications, evidence of the
advertising process undertaken, and justification as to why the non EEA
national is the best candidate for the role
The UK employer is also required to keep documentation such as wage slips
on file, during the course of the foreign national’s employment, as well as a
copy of the issued Certificate of Sponsorship.
The required documents for the visa application include:
•
•
•
•
a valid passport
evidence of qualifications
bank statements showing that the foreign national has had £800 in his
or her bank account for the three months leading up to submission of
the application if the UK employer has not guaranteed to maintain and
accommodate the foreign national in the UK for the first month.
Tier 2 (Intra Company Transfer) migrant visa together with a certificate
of sponsorship
Documentation requirements are similar to those discussed above in relation
to Tier 2 (General). In addition, the following documentation is required:
•
•
evidence of employment with the overseas branch for a specified
duration is required on file, where applicable, rather than evidence of
advertising the vacancy, before the UK employer assigns a certificate of
sponsorship
the foreign national is also required to submit evidence of employment
with the overseas branch for a specified duration, where applicable,
with his or her visa application materials.
6. LAWFUL
KINGDOM
STAY FOR DEPENDANTS
6.1 General
Several UK immigration categories, including Tier 1 (General), Tier 2 (General)
and the ‘Established Staff’ subcategory of Tier 2 (Intra Company Transfer),
allow dependants to accompany the main applicant to the UK and work there.
Dependants include spouses, civil partners, unmarried partners (who have
been living with the main applicant in a relationship akin to marriage for at
least two years), and children under 18 who are financially dependent on the
main applicant and who have not started an independent family unit.
6.2 Procedures
Each dependant must complete a separate visa application, including
completion of an application form that is now available online in most
countries, booking and attending an appointment to submit biometric data (a
digital photograph and finger scans) and submission of hard copy application
materials.
6.3 Documents
The required documents include:
•
•
•
a valid current passport
evidence of the relationship to the main applicant.
If the dependant is not applying for a visa at the same time as the main
foreign national, the dependant must also provide evidence of the main
applicants UK visa.
Not applicable.
5.2.1 Procedures
Not applicable.
5.2.2 Documents
Not applicable.
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1. INTRODUCTION
477
2. SOURCES OF LAW
477
478
3.1 Visas
3.3 Procedures
3.4 Documents
478
478
478
479
479
5. WORK PERMITS
479
5.1 General
5.1.1 Procedures
5.1.2 Documents
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482
5.2.1 Procedures
5.2.2 Documents
483
483
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484
6.1 General
6.2 Procedures
6.3 Documents
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485
485
USA
(and Puerto Rico)
Immigration - An International Handbook - USA
1. INTRODUCTION
Note that the immigration law of theUnited States of America applies equally
in the territory of Puerto Rico.
All foreign nationals, with the exception of US permanent residents, must
obtain authorisation from the US government in order to live and/or work in
the US. The federal government is exclusively authorised to regulate immigration.
Federal immigration laws cover a number of issues regarding the rights and
duties of foreign nationals in the US: defining an individual's immigration
status and immigration options, determining if a person is in the country
illegally, and controlling whether or not a foreign national can be deported.
In 2002, the Homeland Security Act eliminated the Immigration and
Naturalisation Service (‘INS’) and created the US Department of Homeland
Security (‘DHS’). The regulation and enforcement of immigration laws were
placed under three new agencies of the DHS:
•
•
•
US Customs and Border Protection (‘CBP’) – the CBP patrols the US
borders and regulates the admission of people and goods into the US
US Immigration and Customs Enforcement (‘ICE’) – the ICE conducts
investigations, prosecutions, detention, and deportation of non-citizens
US Citizenship and Immigration Services (‘CIS’) – the CIS provides various
immigration benefits, such as processing applications for lawful permanent
residence, asylum, and naturalisation.
Other US government agencies, which also play a role in the immigration
process, are the:
•
•
US Department of State (‘DOS’) – the DOS is responsible for pre-clearance
(e.g. security) and issue of visas in US Consulates abroad (in the foreign
national’s home country or country of residence)
US Department of Labour (‘DOL’) – the DOL is responsible for the
protection of US workers and foreign workers, primarily through prevailing
wage determinations and labour certification review.
2. SOURCES
OF LAW
The federal law that governs immigration is the Immigration and Nationality
Act (‘INA’). The INA establishes the basic structure of US immigration law,
including who may enter the US and under what terms and conditions they
may remain here.
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3. VISITORS
3.1 Visas
Other than citizens from certain countries under the Visa Waiver Program, all
foreign nationals require a visa to enter the US. If the foreign national will
enter as a visitor for business or pleasure, he or she can apply for a visa with
the DOS’ consular posts in a foreign country.
Currently, the Visa Waiver Program allows citizens of 36 countries, traveling to
the US for business or tourism, to enter the US without obtaining a visa.
Generally, this admission is limited to no more than 90 days, and it does not
allow for extension of stay or change of status to another immigration
classification. For a list of 36 countries, please visit www.travel.state.gov. In
addition, foreign nationals from these 36 countries must register with the US
Department of Homeland Security Customs and the Border Protection’s
Electronic System for Travel Authorisation, also called ‘ESTA’. Foreign nationals
can register at www.esta.cbp.dhs.gov.
specific US Consulate can be found at www.travel.state.gov. The method of
payment for the visa stamp and any visa reciprocity fees will vary depending
on the Consulate (details regarding fees can be found at
www.travel.state.gov). After the interview, a visa stamp will be issued on the
passport and, depending on the Consulate, the passport will be available for
retrieval or it will be delivered by courier.
3.4 Documents
The foreign national should provide the following documents when applying
for a visa:
•
•
•
•
•
Generally, the most common activities include:
•
•
•
•
•
•
•
•
attending business meetings
attending training programmes
attending conferences
providing after-sales technical assistance pursuant to a contract
negotiating contracts
participating in a specific project, for a short period of time.
•
a completed DS-160 form
one passport photograph
the original visa payment receipt (and any visa reciprocity fees)
his or her original passport
evidence that shows the purpose of the trip, including but not limited to,
a letter from the US organisation that is inviting him or her to the US, as
well as any conference registration
evidence that shows that arrangements have been made to cover the costs
of the trip, such as a letter from his or her foreign employer, or bank
statements showing sufficient funds
evidence that shows intent to return to a foreign country after the trip,
including but not limited to, proof of assets in a foreign country,
employment, family ties and return ticket
criminal records, if any.
4. WORKERS
A detailed list of activities is available at www.travel.state.gov. Please note that
no business visitor can receive a salary or income from a US organisation or
entity.
3.3 Procedures
The foreign national should visit the website of the specific US Consulate
where he or she wishes to apply for the visa, as requirements and procedures
may vary. A complete list of the US Embassies and Consulates is available at
www.usembassy.gov.
The foreign national should complete the visa form online and upload a
digital photograph. After the successful completion of the visa form online,
an appointment can be scheduled with the visa confirmation number that was
issued. Information about how long it takes to obtain an appointment at a
478
All non-immigrant workers in the US need to be work-authorised. It is critical
to understand that if a particular non-immigrant work status is granted, it is
evidence of both authorisation to work, as well as authorisation to stay in the
US. Therefore, there are no separate work and resident permits to reflect this
dual authorisation.
5. WORK PERMITS
5.1 General
The most common non-immigrant visa categories include H, L, E and TN
(North American Free Trade Agreement) visas, as discussed below.
479
Ius Laboris
H-1B Non-immigrant Work Visa
The H-1B visa is for foreign nationals in ‘specialty occupations’ that normally
require the attainment of at least the equivalent of a bachelor degree from an
accredited university in the US or its equivalent. This visa is valid for three years
and is renewable for one additional three-year period (six years in total). The
visa allows employment of the foreign national in the US, only by the employer
who petitioned for the H-1B visa before the CIS. The foreign national must be
paid the ‘prevailing wage’ for the position in the location where he or she is
employed. The H-1B non-immigrant enjoys unlimited entries to and departures
from the US and there is no requirement to overcome, to the satisfaction of
the consular officer, the presumption of law that every non-immigrant is an
intending immigrant. The annual number of new H-1B visas issued is capped
at 65,000 (including 1,400 visas allotted to Chilean nationals and 5,400
allotted to Singaporean nationals). All new visas become effective on 1
October each year.
L-1 Non-Immigrant Work Visa
The L-1 visa is for foreign nationals transferred to the US in an executive,
managerial, or ‘specialised knowledge’ position from an organisation abroad
having a parent-subsidiary or affiliate relationship to the organisation in the
US. The foreign national must have worked abroad for the parent organisation
or affiliate for at least one continuous year in the three years immediately
preceding admission to the US. The duration is a maximum of five years (for
specialised knowledge) or seven years (for managers or executives). The L-1
non-immigrant enjoys unlimited entries to and departures from the US and
there is no requirement to overcome, to the satisfaction of the consular
officer, the presumption of law that every non-immigrant is an intending
immigrant. There is no limit to the number of visas issued in this category each
year.
E-1/E-2 Non-Immigrant Work Visa
The E-1/E-2 visa is issued to a foreign national coming to the US pursuant to a
treaty between the US and his or her native country, in connection with a
substantial US trade or investment. This visa can be approved and issued by
the US Consulate in the foreign national’s country of residence. E-1/E-2
non-immigrants are admitted to the US for a maximum period of two years
upon each entry. There is no overall time limit on the length of stay in E-1/E-2
status, but the foreign national must overcome, to the satisfaction of the
consular officer, the presumption of law that every non-immigrant is an
intending immigrant. There is no limit to the number of visas issued in this
category each year.
480
TN classification
Under the provisions of the North American Free Trade Agreement (‘NAFTA’),
a citizen of Canada or Mexico may seek temporary entry into the US as a
business person, to engage in activities at a professional level. Only those
professions specifically designated in the NAFTA treaty qualify (a list of
professions is available at www.nafta-sec-alena.org). The TN foreign national
is admitted for an initial three-year period and there is no overall time limit on
the length of stay in TN status, but the foreign national must overcome, to the
satisfaction of the consular officer, the presumption of law that every
non-immigrant is an intending immigrant. There is no limit to the number of
visas issued in this category each year.
A foreign national who wishes to stay indefinitely in the US and be employed
for a period beyond that permitted in the non-immigrant classification must
apply for US Permanent Resident (‘green card’) status. Prior to seeking
employment-based permanent residency, a foreign national should first
determine whether they have any immediate family relationships with a US
citizen or permanent resident (i.e. a family-based immigration alternative).
5.1.1
Procedures
Non-Immigrant Visas
Except for the E and TN visa classifications, prior approval of a non-immigrant
petition from CIS is required. Once the petition is approved by CIS, the foreign
national applies for his or her visa at a US consular post, by appointment,
preferably in his or her country of residence or birth. E non-immigrants do not
require prior approval by CIS, but must make a direct application for the E visa
status to a US consular post. For TN non-immigrants from Canada, no prior
visa petition or CIS approval is required. A Canadian citizen may apply for
admission with a US Immigration Inspector at a port of entry in Canada. For
TN non-immigrants from Mexico, no prior approval by CIS is required, but the
foreign national must make a direct application for TN visa status to a US
consular post in Mexico.
Immigrant Visas or Permanent Residency (Green Card)
The green card application process may be initiated at any time. Unlike certain
other jurisdictions, there are no preconditions of prior residence in the US. It is,
though, subject to annual quota limitations, which can create backlogs in
processing, as there are usually more applications than immigrant visa
numbers available. Applications for a green card based on a permanent
employment opportunity in the US fall into two broad categories:
481
Ius Laboris
•
•
Priority workers: the priority worker categories include three types of
individuals – individuals with extraordinary ability in the sciences, arts,
education, business or athletics; outstanding professors or researchers; and
select multinational executives and managers
Labour Certification (‘PERM’): PERM is required for the majority of
employment categories including skilled or professional workers.
Petitions for priority workers are submitted to CIS and require the submission
of evidence and testimonials, which chronicle the foreign national’s professional
accomplishments or, in the case of multinational executives or managers,
evidence confirming the individual’s managerial employment for at least one
year with an affiliated organisation abroad and his or her transfer to the
petitioning employer in a managerial capacity. An important characteristic of
the priority worker category is that there is no requirement that the prospective
employer demonstrate that US workers are not available, through the process
called PERM. This saves much time, effort, and cost in obtaining permanent
resident status.
Where PERM is required, petitioning employers are required to submit their
evidence of recruitment in support of the PERM to the DOL. If the DOL is
satisfied with the results, it will issue certification, which permits the petitioning
employer and foreign national to then submit an application for a green card
to CIS. Where PERM is required, the burden is on the employer to prove
through competitive recruitment efforts that there is no able, willing, and
qualified US worker available for the position.
•
•
•
•
•
•
•
•
Except for E-1 and E-2 visa applications, all foreign documents must be in
English or translated into English. Additional documentation may be required,
specific to the visa category sought.
The documents required vary depending on the category in which the
application is submitted. However, aside from the evidence demonstrating the
foreign national’s professional qualifications and employment history, he or she
is required to submit certain biographical and personal documents. These
include:
•
•
•
Applications for US permanent residence may take between 18 and 24
months to over eight years, depending on the immigrant visa category. It is
important to note that the submission of an application for US permanent
residence does not, in and of itself, provide immediate employment benefits.
Foreign nationals must ensure that they have a temporary non-immigrant
status, which will provide employment authorisation during the course of
permanent residence processing.
5.1.2 Documents
Non-Immigrant Visas
The foreign national should provide the following documentation when
applying for a non-immigrant visa:
482
information about his or her US employer
the US organisation’s business plan (if it is a new enterprise)
his or her resume
a copy of his or her university diploma and degree transcripts, and other
academic documents
a description of his or her job duties in the US
the salary offered
a copy of his or her passport, including prior US visas
•
•
•
a full copy of his or her passport and that of any accompanying family
members
a certified copy of his or her birth certificate and of any accompanying
family members
a certified copy of the marriage certificate, if he or she will be
accompanied by a spouse
copies of all his or her prior CIS issued approval notices and those of any
accompanying family members
medical exam results by a physician approved by the CIS
six passport-style photographs
Each of the most common non-immigrant visa categories mentioned above
may have additional documentation requirements to those described. These
additional requirements are set out in section 5.2.2 below.
5.2.1 Procedures
There are no special procedures, besides those indicated above.
483
Ius Laboris
5.2.2 Documents
The foreign national should provide the following additional documents for
each of the visa categories listed:
L-1 visa application
•
•
•
•
•
a US organisational chart (with current and projected personnel)
a description of his or her job duties in the US
12 continuous months’ worth of payslips for the foreign national from
the foreign organisation
a copy of stock certificates or other official documentation evidencing
the qualifying relationship between the petitioner (stating the organization
name) and the foreign entity
information and documentation relating to the foreign organisation,
such as an organisational chart, invoices, bills, photographs, yellow
pages advertisements and brochures, to show that it is an operating
enterprise.
E-1 visa application
•
•
•
proof of treaty country ownership and controlling interest in the enterprise
evidence that trade is principally between the US and the treaty country.
US Customs invoices and/or purchase receipts may be submitted
evidence of substantial trade (i.e. shipping invoices and bills of lading
of any trade to date).
6.2 Procedures
Non-Immigrant Visas
The processing of dependants’ non-immigrant visas is similar to that of the
principal foreign national. Dependants, however, can only obtain dependant
status contemporaneously, or after the principal foreign national has obtained
his or her non-immigrant status. Dependants of non-immigrant foreign
nationals are free to live, study and travel for the duration of the principal
foreign national’s non-immigrant status. In addition, there is a special provision
in the law where spouses of L and E non-immigrant workers may obtain an
employment authorisation card so they can work for any employer.
The processing of dependants’ immigrant visas is similar to that of the
principal foreign national. Dependants, however, can only obtain dependant
status contemporaneously, or after the principal foreign national obtained his
or her immigrant status.
6.3 Documents
The following documents must be submitted when applying for dependants’
non-immigrant visas:
•
•
•
•
a copy of the marriage certificate
a copy of the birth certificate for a child
a copy of the dependant’s passport, including prior US visas
E-2 visa application
All foreign documents must be in English or translated into English.
•
•
•
proof of treaty country ownership and controlling interest in the enterprise
proof that the investment is substantial
proof that the investment is not marginal.
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
A ‘dependant’ is defined as a spouse or children under 21 years of age.
484
485
1. INTRODUCTION
489
2. SOURCES OF LAW
489
489
3.1 Visas
3.3 Procedures
3.4 Documents
489
489
490
490
492
4.1 General
4.2 Procedures
4.3 Documents
492
492
493
5. WORK PERMITS
494
5.1 General
5.1.1 Procedures
5.1.2 Documents
494
494
494
5.2.1 Procedures
5.2.2 Documents
495
495
495
496
6.1 General
6.2 Procedures
6.3 Documents
496
496
496
Venezuela
Immigration - An International Handbook - VENEZUELA
1. INTRODUCTION
At present, unemployment levels in Venezuela are continuing to rise. This has
prompted the authorities to become stricter in ensuring compliance with the
requirements for the approval of visas. In recent years, in an effort to adapt the
Venezuelan immigration and naturalisation system to current social and
economic needs, the government initiated a series of changes to the provisions
applicable in the area of immigration, many of which originally dated from the
1930s.
The Foreigners’ Status and Migration Law regulates immigration into
Venezuela. This law has been in force since November 2004 and has made
substantial changes to the previous legislation that regulated this area.
However, to date, certain aspects of this law have not been enacted. In
particular, all matters related to the types of visa that may be issued, and the
requirements and procedures to obtain visas, remain regulated by the Rules of
Procedure for the Issue of Visas, 2000.
2. SOURCES
OF LAW
The main source of law governing immigration in Venezuela is the Foreigners’
Status and Migration Law, 2004 and the Rules of Procedure for the Issue of
Visas, 2000.
3. VISITORS
3.1 Visas
The following individuals all require a visa in order to enter Venezuela:
merchants, executives, representatives of organisations or industries and
micro-enterprises, as well as non-immigrants who enter Venezuela to engage
in commercial, mercantile or financial transactions, or other lucrative legal
activities related to their businesses.
Commercial, mercantile, financial transactions and other lucrative legal
activities related to the business of the visa holder are permitted.
489
Ius Laboris
3.3 Procedures
•
Business Visa
The application for a business visa can be made by the foreign national, or by
the organisation for which he or she is required to travel. The application
should be made through the consular sections of Venezuelan embassies or
consular offices abroad.
The consular official will interview the foreign national to check the veracity of
the information provided.
Non-Resident Investor Visa
After approval of the application by the local immigration authority
(‘ServicioAdministrativo de IdentificaciónMigración y Extranjería’ – ‘SAIME’),
the foreign national must apply to the consular sections of Venezuelan
embassies or consular offices abroad.
Non-resident Entrepreneur/Industrialist Visa
The application for this type of visa is made by the foreign national to the
consular sections of Venezuelan embassies and consular offices abroad,
indicating the reason for the trip and the contacts to be made in Venezuela.
Non-Resident Investor Visa
Foreign nationals who wish to apply for a non-resident investor visa must
submit the following supporting documents to the proper authorities:
•
•
•
•
3.4 Documents
Business Visa
All foreign nationals who wish to apply for a business visa must submit the
following supporting documents:
•
•
•
•
•
a passport issued by the corresponding authority in their country of
citizenship, valid for a minimum of six months from the date of the visa
application
an original letter from the organisation, written on letterheaded paper,
specifying the following: the foreign national’s position; the purpose of the
trip; the name and address of the organisation or person to be contacted
in Venezuela; the length of the foreign national’s stay in Venezuela; and
the name of the organisation that will pay his or her expenses while in
Venezuela
a certified copy of the articles of incorporation of the organisation or the
employer’s certificate of good standing. If the foreign national is the owner
of the organisation or enterprise, he or she must show documents that
prove it
a photocopy of the foreign national’s round trip ticket or itinerary
any of the following supporting documents might also be required: the
commercial registration certificate of the organisation, a letter from the
chamber or association of commerce or industry, or any other supporting
document at the discretion of the consular official
490
two full-face passport sized photographs.
a passport issued by the corresponding authority in their country of citizen
ship, valid for a minimum of six months from the date of the visa
application
a letter from the organisation, indicating the position the foreign national
is to hold, the reason for his or her trip and the length of stay in Venezuela
two full-face passport sized photographs
the following supporting documents might also be requested: the
organisation’s commercial registration certificate and its latest income tax
returns and bank statements; the name and address of the organisation or
person to be contacted in Venezuela; and a notarised document
confirming that the investment has been accepted by the official
Venezuelan bodies.
The consular official will interview the foreign national to check the veracity of
the information provided.
Non-Resident Entrepreneur/Industrialist Visa
Foreign nationals who wish to apply for a non-resident entrepreneur/industrialist
visa must submit the following documents to the competent authorities:
•
•
•
•
•
•
a passport issued by the corresponding authority in their country of
citizenship, valid for at least six months from the date of the visa
application
an original letter from the organisation, on letterheaded paper, specifying
the following: the position the foreign national will hold; the purpose of
his or her trip; the name and address of the organisation or person to be
contacted in Venezuela; the length of the foreign national’s stay in
Venezuela; and the name of the organisation that will pay the foreign
national’s expenses while in Venezuela
a certified copy of the articles of incorporation of the organisation, or an
employer’s certificate of good standing
business ownership documents
a copy of the foreign national’s round trip ticket or itinerary.
491
Ius Laboris
4. WORKERS
4.1 General
Every foreign national who enters Venezuela with the intention to work in it,
requires both a work permit and a work visa. However, under current
legislation a work permit is not required for the following groups of people:
•
•
•
•
•
scientists, professionals, technicians, experts and specialised personnel
who enter Venezuela to provide advice or training, or to perform
temporary employment related activities, for a maximum period of 90 days
technicians and professionals invited by public and private entities for
academic, scientific or investigation activities, for a maximum period of 90
days
those who enter Venezuela to perform activities under cooperation and
technical assistance agreements
foreign press correspondents duly accredited to perform information
activities
members of international scientific missions who will perform
investigations in Venezuelan territory, duly authorised by the government.
In addition, under current legislation, the following special visas exist, and a
work permit is not required by those entering under them:
Non-Resident Student Visa
A non-resident student visa is issued to non-immigrants who wish to enter
Venezuela to undertake advanced technical, university or specialised studies,
or for traineeships in their specialty.
Non-Resident Religious Visa
A non-resident religious visa is issued to representatives of any religion who are
not immigrants and who enter Venezuela to engage in religious activities, but
not tourist activities.
Non-Resident Religious Visa
After approving the application to the SAIME, the foreign national must visit
the consular section of the relevant Venezuela embassy or consular office
abroad.
4.3 Documents
Foreign students who wish to apply for this visa must submit the following
supporting documents to the competent authorities:
•
•
•
•
•
•
•
•
Requirements for obtaining a Non-Resident Religious Visa
A foreign national who wishes to apply for this visa must submit the following
supporting documents to the proper authorities:
•
•
•
4.2 Procedures
After approval of the application by the SAIME, the foreign national must visit
the consular section of the relevant Venezuelan embassy or consular office
abroad.
•
•
•
492
a letter of acceptance from the school or institution where they are going
to study or to perform internships in their specialist field
a notarised affidavit or letter of support from the guardian, parents or
institution that is providing the scholarship
academic diplomas and/or certificates (originals)
a passport valid for at least six months from the date of the visa
application
a medical health certificate confirming their state of health, based on the
results of a chest x-ray and a blood test
a notarised affidavit, stating that they are not going to work during their
stay in Venezuela with this kind of visa
a criminal record check certificate.
a passport, valid for at least six months from the date of the visa
application
two full-face passport sized photograhs
a letter from the church that is requesting the visa, indicating the
following: the foreign national’s full name, place and date of birth,
passport number (including the date of issue and expiry), his or her religion
and address in Venezuela
an original bank reference letter (not a bank statement) specifying the
following: the opening date of the account; the number and type of
account; and the current balance
a photocopy of his or her round trip ticket or itinerary
authorisation from the immigration department in Venezuela (SAIME).
493
Ius Laboris
5. WORK PERMITS
5.1 General
Work permits are granted by the Ministry of Labour to non-immigrants who
are hired or transferred to Venezuela by organisations incorporated or
domiciled there. It is a requirement for non-immigrants to obtain a
non-resident work visa.
The work permit, along with the non-resident work visa, allows the bearer
multiple entries into Venezuela, with a maximum length of stay of one year.
•
•
•
•
The hiring organisation must submit certain documents as evidence of its
compliance with Venezuelan labour obligations, such as:
•
•
The Ministry of Labour may extend the work permit for additional periods of
one year.
5.1.1 Procedures
The work permit is obtained at the Labour Immigration Office in Venezuela.
The process of obtaining a work permit can take up to six weeks, even though
legislation sets out shorter timeframes.
5.1.2 Documents
Usually, the documents required by law are needed to prove that the foreign
national qualifies for a specific type of visa and as supporting evidence of the
employer organisation that sponsors the visa. However, the Venezuelan
officials have the discretion to request additional documentation from the
foreign national or the employer organisation to support the visa application.
a medical health certificate
a criminal record check certificate
the completed application forms.
•
•
•
an employment declaration form (hours worked and salary paid), relating
to the last quarter, and filed with the Ministry of Labour
evidence of the registration of the company at the National Employment
Service (‘ServicioNacional de Empleo’)
evidence of payment of Social Security and InstitutoNacional de
Capacitación y EducaciónSocialista (INCES)
the articles of incorporation and bylaws
a letter of intention on letterheaded paper, with the organisation’s rubber
stamp. This letter should explain and describe in detail the reasons for
hiring the foreign national and the activities that he or she will perform in
Venezuela.
Every foreign national, who enters Venezuela with the intention to remain
requires a residence visa. If a foreign national has been in Venezuela on a
non-resident work visa for more than five years, and entered and stayed
legally for a minimum of two continuous years, he or she may apply for a
permanent residence visa, which will be issued for five years with the option
to renew it indefinitely.
Nevertheless, in all cases the foreign national must provide:
•
•
•
•
a copy of all the pages of his or her passport, in order to prove that he or
she is not in Venezuela while the visa is being obtained. The passport must
be valid for a minimum of six months from the date of the visa application
a CV (in Spanish)
academic certificates or diplomas, which prove the profession and
specialist field(s), for which the visa is requested (legalised before the
respective Venezuelan Consulate or apostilled)
a job offer from the hiring organisation, duly notarised before Venezuelan
authorities, including a clause that states that the organisation will cover
the expenses caused by the repatriation of the foreign national in the case
of a breach of contract, or if the contract is terminated by any other cause.
The job offer must also state that it will become an enforceable
employment contract once the Venezuelan government approves the work
visa and that the foreign national will train Venezuelan workers of the
organisation during his or her stay in Venezuela
494
Venezuelan legislation does not provide for special preference categories.
5.2.1 Procedures
Not applicable.
5.2.2 Documents
Not applicable.
495
Ius Laboris
6. LAWFUL
STAY FOR DEPENDANTS
6.1 General
Under Venezuelan law, the following persons are considered to be
dependants, subject to reliable proof of family relationship:
•
•
•
•
the spouse of a Venezuelan citizen, provided the marriage was celebrated
abroad and registered with the respective Venezuelan consular office
children aged under 18 who are not legally responsible
parents
parents-in-law.
6.2 Procedures
An application for a non-resident family visa must be made by the principal
holder of a non-resident visa. The non-resident visa can belong to any one of
the following classes: business; investor; entrepreneur or industrialist; student;
re-entry; work; pensioner; and religious. The interested party must apply for
these visas to the SAIME or to consular sections of Venezuelan embassies and
consular offices abroad.
6.3 Documents
To request a family visa, the following supporting documents must be
submitted to the competent authorities:
•
•
•
•
•
•
reliable proof of the family relationship (e.g. a birth or marriage certificate)
the passports of the family members, valid for at least six months from the
date of the visa application
two full-face passport sized photographs of the family members
a confirmed travel ticket for each and every member of the family as
verification that the Venezuelan spouse will travel in the company of his or
her family
a medical health certificate
a criminal record check certificate.
496
cover
20-01-2011
14:46
Pagina 1
Immigration
Ius Laboris
T +32 2 761 46 10
F +32 2 761 46 15
E [email protected]
Immigration
January 2011.
®

Immigration An International Handbook

Transcription

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